Sheshnath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16380 of 2024 Arising Out of PS. Case No.-697 Year-2023 Thana- BIHTA District- Patna ====================================================== Sheshnath Kumar Son of Rangnath Singh R/O Village - Rajapur English, P.S.- Koilwar, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Murari Mishra, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-03-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Bihta P.S. Case No.-697 of 2023 registered for the offence under Sections 392, 411 and 414 of the Indian Penal Code and Sections 25(1-B)a, 26, 27 and 35 of the Arms Act. 3.As per the prosecution case, the informant purchased Dezire car and he has parked his vehicle at Jacidih Railway Station. A group of four persons have hired his vehicle for visit to Bihta. On way to Bihta, accused persons on pistol point looted him and ousted the informant from his vehicle and took away his vehicle.

4.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.16380 of 2024(2) dt.15-03-2024 2/3 petitioner that petitioner has falsely been implicated in this case. He next submits that the name of the petitioner surfaced on the basis of confessional statement of co-accused. He next submits that three similarly co-accused persons have already been granted bail by different Benches of this Court passed in Cr.Misc. Nos.1744 of 2024, 1999 of 2024 and 1566 of 2024 and also the fact that one co-accused has already been granted bail by this Court passed in Cr. Misc. No. 10182 of 2024. Petitioner has got clean antecedent as stated in para-3 of the petition and he is in custody since 28.09.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and also the fact that similarly situated co-accused persons have also been granted bail by different Benches of this Court, let the petitioner, above named, be directed to be released on bail after framing of the charge in connection with Bihta P.S. Case No.697 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Civil Court, Danapur, Patna. 7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a

Patna High Court CR. MISC. No.16380 of 2024(2) dt.15-03-2024 3/3 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 above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U