Bullet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9766 of 2023 Arising Out of PS. Case No.-748 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Bullet Kumar S/O Sri Madan Sah @ Madan Prasad R/O Village- Bariyarpur, P.S- Nautan, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Gopalganj Town P.S. Case No. 748 of 2022 dated 14.09.2022 registered for the offence punishable u/s 394 of the Indian Penal Code.

As per the prosecution case, four miscreants looted Rs. 40,000/- in cash and golden ornaments on the point of pistol from the house of the informant.

Patna High Court CR. MISC. No.9766 of 2023(2) dt.03-05-2023 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has surfaced in the confessional statement of the co-accused. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 19.11.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the looted articles were recovered from the house of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with Gopalganj Town P.S. Case No.

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

Patna High Court CR. MISC. No.9766 of 2023(2) dt.03-05-2023 3/3 The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T