Alok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12064 of 2024 Arising Out of PS. Case No.-543 Year-2023 Thana- MADHUBAN District- East Champaran ====================================================== Alok Kumar, age 28 years, Male, S/o Late Ruplal Prasad Kushwaha R/o vill - Mahauta, P.S. - Madhuban, Distt. - East Champaran (Motihari) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Madhuban P.S. Case No. 543 of 2023 registered for an offence punishable under Section 392 of the Indian Penal Code.

3. As per allegation in the FIR, three unknown persons came on a motorcycle and snatched key of the motorcycle of the informant and cash amount of Rs.1,37,656/- along with some documents at the gun point.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that the name of the petitioner transpired on the basis of congressional statement of co-accused Sonu Kumar and Krishna

Patna High Court CR. MISC. No.12064 of 2024(2) dt.05-03-2024 2/2 Kumar. Petitioner is in custody since 30.10.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail after framing of the chargesheet on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, East Champaran, Motihari in connection with Madhuban P.S. Case No. 543 of 2023, G.R. No. 6680 of 2023.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T