Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12429 of 2024 Arising Out of PS. Case No.-129 Year-2023 Thana- ADAPUR District- East Champaran ====================================================== Krishna Kumar S/O Lalbabu Sahani R/O Village- Belbanwa, P.S- Town Motihari, Distt.- East Champaran At Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Binay Kumar, Advocate For the State :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Adapur P.S. Case No. 129 of 2023 instituted for the offence under Section 392 of the Indian Penal Code.

3.

Prosecution case in short is that while informant was on his way to Railway station, he was accosted with four unknown miscreants, whereafter they snatched his motorcycle and also assaulted him by means of lathi on his head. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 08-08-2023. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.12429 of 2024(2) dt.28-02-2024 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Name of the petitioner has surfaced in this case due to confessional statement of co-accused, namely, Sunny Kumar, and the same has no evidentiary value. No T.I. parade has been conducted in this case. Nothing has been recovered from the conscious possession of the petitioner.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and manner of implication, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Adapur P.S. Case No. 129 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T