Suman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11469 of 2024 Arising Out of PS. Case No.-513 Year-2023 Thana- GOPALPUR District- Bhagalpur ====================================================== Suman Kumar Son of Umesh Mandal Resident of Village- Ayodhyaganj, Police Station- Kursela, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Gopalpur P.S. case No. 513 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.
3. As per F.I.R. the allegation against one unknown person and one Manish Kumar is that they have forcibly snatched the Toto vehicle and mobile from the informant on the gun-point.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.11469 of 2024(2) dt.23-02-2024 2/3 petitioner has falsely been implicated in the present case. Petitioner is not named in the FIR, rather his name has been transpired during the investigation on the basis of confessional statement of the co-accused Vishal Kumar who has already been granted bail by a co-ordinate Bench of this Court vide order dated 17.02.2024 passed in Cr. Misc. No. 7676 of 2024. Learned counsel further submitted that no incriminating article has been recovered from the conscious possession of the petitioner. T.I.P. has not been conducted till date. Learned counsel further submitted that other co-accused persons have also been granted bail vide Cr. Misc. No. 6472 of 2024 and Cr. Misc. No. 8319 of 2024. It has been submitted on behalf of the petitioner that the petitioner has been remanded in this case on 09.11.2023 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 criminal 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
Patna High Court CR. MISC. No.11469 of 2024(2) dt.23-02-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Gopalpur P.S. case No. 513 of 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T