Patna High CourtCR. MISC./12065/2024bail granted

Pintu Kumar v. The State Of Bihar

2024-04-26Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12065 of 2024 Arising Out of PS. Case No.-797 Year-2023 Thana- ARA NAWADA District- Bhojpur ====================================================== Pintu Kumar Son of Dilip Sah Resident of Village- Bihiya Gaon, P.S.- Bihiya, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Ara Nawada P.S. Case No. 797 of 2023, instituted for the offences punishable under Sections 414, 420, 467, 468, 471, 120(B) and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, on receipt of secret information, the police party reached at the place of occurrence and stopped a white Scorpio car from which coaccused Dharmendra Kumar and Vinod Kumar were apprehended. On query, the apprehended persons did not produce the papers of the Scorpio car.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No

Patna High Court CR. MISC. No.12065 of 2024(4) dt.26-04-2024 2/2 incriminating material has been recovered from the conscious possession of the petitioner. The complicity of the petitioner is on the confessional statement of co-accused Dharmendra Kumar which has no evidentiary value. The petitioner is in custody since 04.01.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused have been granted bail by this Court vide order dated 01.04.2024 passed in Cr. Misc. No. 21787 of 2024 and order dated 10.04.2024 passed in Cr. Misc. No. 15666 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ara Nawada P.S. Case No. 797 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T