Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11569 of 2024 Arising Out of PS. Case No.-473 Year-2023 Thana- BRAHMPUR District- Buxar ====================================================== 1.

Sunil Kumar S/O Jag Narayan Singh R/O Village- Purana Bhojpur, P.SDumraon (Naya Bhojpur O.P.), Distt.- Buxar. 2.

Vishal Choudhary S/O Rakesh Choudhary R/O Village- Purana Bhojpur, P.S- Dumraon (Naya Bhojpur O.P.), Distt.- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr.Kamal Deo Sharma, Adv.

For the Opposite Party/s :

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Brahampur (Krishna Braham) P.S. Case No. 473 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. As per prosecution case, three miscreants, boarded on an Apache motorcycle, overtook the motorcycle of the Informant, stopped him and, on the point of fire-arm, snatched the bag of the Informant containing total Rs. 4,38,500/- cash including other documents and fled away.

Patna High Court CR. MISC. No.11569 of 2024(2) dt.23-02-2024 2/3

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioners or their house. The petitioners have no concern with the seized article. The petitioners are not named in the F.I.R. rather their names have surfaced in this case on the basis of self confessional statement. The petitioners have no criminal antecedent as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 07.08.2023. Till date, no T.I.P. has been conducted. The charge-sheet has been submitted in this case.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

7. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioners as also the petitioners having no criminal antecedent, let the petitioners, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand)

Patna High Court CR. MISC. No.11569 of 2024(2) dt.23-02-2024 3/3 each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Brahampur (Krishna Braham) P.S. Case No. 473 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T