Patna High CourtCR. MISC./18158/2024bail granted

Mahadev Kumar v. The State Of Bihar

2024-03-14Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18158 of 2024 Arising Out of PS. Case No.-189 Year-2023 Thana- SONBERSHA RAJ District- Saharsa ====================================================== Mahadev Kumar, aged about 22 years, Male Son of Nand Kishor Tanti, Resident of Village-Gondram, P.S.-Basnahi, District-Saharsa. ... ... 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 :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sonbarsa Raj PS Case No. 189 of 2023 instituted for the offences punishable under Section 392 of the Indian Penal Code.

3. As per the prosecution case, accused persons assaulted the informant and snatched Rs. 1,00,000/- as well as mobile and thereafter they fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. Neither the petitioner has been named in the FIR nor any articles has been recovered from

Patna High Court CR. MISC. No.18158 of 2024(2) dt.14-03-2024 2/3 the conscious possession of the petitioner. Petitioner has been made accused on the basis of confessional statement of coaccused Ravindra Kumar. He is in custody since 13.09.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and the impugned order of the learned Additional Sessions Judge-1st, Saharsa dated 16.01.2024, it appears that the name of the petitioner has been surfaced in the confessional statement of co-accused Ravindra Kumar and he has no concern either with the instance occurrence or the co-accused, 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 Chief Judicial Magistrate, Saharsa in connection with Sonbarsa Raj PS Case No. 189 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 bail on above conditions and he shall be present physically on

Patna High Court CR. MISC. No.18158 of 2024(2) dt.14-03-2024 3/3 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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