Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14221 of 2024 Arising Out of PS. Case No.-892 Year-2023 Thana- DIGHA District- Patna ====================================================== Suraj Kumar, Male, aged about 18 years, Son of Dhananjay Rai, Resident of village - Ramjichak Bajrang Colony, Dream Villa, Behind Marriage Hall, Batagunj @ Bata, Gandhi Gali, P.S.- Digha, District - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nishikant, Advocate For the Opposite Party/s :
Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA 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 Digha PS Case No. 892 of 2023 instituted for the offences punishable under Sections 420 and 392 of the Indian Penal Code.
3. As per the prosecution case, four unknown accused persons snatched a mobile phone and a purse as well as assaulted the driver of the informant's car.
4. Learned counsel for the petitioner submits that the petitioner is innocent has committed no offence and has falsely been implicated in this case merely on the basis of suspicion. He has been made accused only on the basis of confessional statement of other co-accused namely, Guddu Kumar. Petitioner
Patna High Court CR. MISC. No.14221 of 2024(2) dt.04-03-2024 2/3 is not named in the FIR and has not present at the place of occurrence and has falsely implicated in this case due to dirty village politics. No recovery has been made from the conscious possession of the petitioner. Petitioner is in custody since 12.11.2023.
5. Learned APP opposes the prayer for bail.
6. From perusal of the FIR, seizure list and impugned order of the learned Additional Sessions Judge-IV, Patna dated 11.01.2024, it appears that on the basis confessional statement of co-accused Guddu Kumar, the name of the petitioner has surfaced in this case, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Judge-XIII-cumA.C.J.M.-13, Patna in connection with Digha PS Case No. 892 of 2023.
7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on
Patna High Court CR. MISC. No.14221 of 2024(2) dt.04-03-2024 3/3 bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.
(Ramesh Chand Malviya, J) Anand Kr.
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