Sushil Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14306 of 2025 Arising Out of PS. Case No.-515 Year-2024 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Sushil Das Son of Indradeo Das Resident of Village- Kansara, P.S.- Makhdumpur, Distt.- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shivendra Prasad, Adv.
For the Opposite Party/s :
Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Makhdumpur (Tehta) P.S. Case No. 515 of 2024 instituted for the offences under Section 309(4) of the Bhartiya Nyaya Sanhita.
3. As per prosecution case, three miscreants boarded on a motorcycle overtook the Informant and snatched a bag containing cash amount Rs. 1,09,812/-, Tab, ATM, Purse with Rs. 2,600/- and other articles on the point of pistol.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.
Patna High Court CR. MISC. No.14306 of 2025(2) dt.18-03-2025 2/3 The petitioner is not named in the F.I.R. and, the police, on the basis of tower location of the mobile of Krishna and the petitioner, suspected their hands in the present occurrence and the petitioner was arrested and the confessional statement of the petitioner was recorded. The looted articles have been recovered from the co-accused Krishna Sardar. As the petitioner was said to be the friend of the aforesaid co-accused Krishna Sardar, he has been falsely implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious/physical possession of the petitioner. The petitioner has no criminal antecedent and is languishing in judicial custody since 20.11.2024 without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, pointing out that the petitioner has confessed his guilt of being involved in the alleged occurrence and, on the basis of the disclosures made by him, the police has recovered the looted Tab from the bush.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be
Patna High Court CR. MISC. No.14306 of 2025(2) dt.18-03-2025 3/3 released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Makhdumpur (Tehta) P.S. Case No. 515 of 2024. (Rudra Prakash Mishra, J) rishi/- U T