Patna High CourtCR. MISC./15316/2023bail granted

Arun Bhagat @ Arun Kumar v. The State Of Bihar

2023-08-02Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15316 of 2023 Arising Out of PS. Case No.-588 Year-2022 Thana- BAGHA District- West Champaran ====================================================== ARUN BHAGAT @ ARUN KUMAR S/O JAWAHAR BHAGAT R/vKamalpur, P.S.- Lalganj, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-08-2023

1. 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.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Bagaha P.S. Case No. 588 of 2022 dated 24.8.2022 registered for the offence punishable u/s 365 and 392 of the Indian Penal Code.

4. As per the prosecution case, the driver of the Bolero Pickup bearing Reg. No. BR-31GB-1267 proceeded for Motihari. On the next day, the informant lost contact with the driver and further alleged that his vehicle was looted and the

Patna High Court CR. MISC. No.15316 of 2023(3) dt.02-08-2023 2/3 driver was kidnapped by some unknown persons.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR rather his name has surfaced during the course of the investigation. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 14.7.2023 passed in Cr. Misc. No. 20314 of 2023. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 18.10.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. 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, Bagaha, West Champaran in connection with Bagaha P.S. Case No. 588 of 2022.

Patna High Court CR. MISC. No.15316 of 2023(3) dt.02-08-2023 3/3

8. The application stands allowed.

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