Upendra Kumar @ Op v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12965 of 2024 Arising Out of PS. Case No.-428 Year-2023 Thana- MOKAMAH District- Patna ====================================================== Upendra Kumar @ OP Son of Nunulal Paswan Resident of Village- Mor pachshmi, P.S. Mokama, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mokama P.S. case No. 428 of 2023 instituted for the offences under Section 394 of the Indian Penal Code and later on Sections 411, 414 of the Indian Penal Code were added.

3. Prosecution case, in short, is that some unknown miscreants intercepted the pickup Bolero vehicle of the informant, abused and assaulted him and looted the said vehicle.

Patna High Court CR. MISC. No.12965 of 2024(2) dt.04-03-2024 2/3 It is further alleged that they also snatched four thousand cash from the pocket of the informant along with the mobile phone.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel further submitted that petitioner is not named in the F.I.R. The name of the petitioner has been disclosed by the spy during investigation. No incriminating article/looted article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.11.2023 and has no criminal antecedent.

5. Learned A.P.P. 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, clean antecedent as also the period of custody undergone by the petitioner, 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.12965 of 2024(2) dt.04-03-2024 3/3 below/concerned Court in connection with Mokama P.S. case No. 428 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T