Patna High CourtCR. MISC./18813/2024bail granted

Jitendra Kumar v. The State Of Bihar

2024-03-15Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18813 of 2024 Arising Out of PS. Case No.-164 Year-2023 Thana- BHAGWANPUR District- Vaishali ====================================================== Jitendra Kumar Son of Sri Nanki Ray R/O-Vishunapur Gidha, Tola-Susta Madhopur, P.S.-Maniyari, Distt.-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhoo Kumar Suman, Adv.

For the Opposite Party/s :

Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bhagwanpur P.S. Case No. 164 of 2023 (G.R. No. 3673 of 2023) instituted for the offences under Section 392 of the Indian Penal Code.

3. As per prosecution case, on 10.07.2023, while the Informant was going to his in-laws house, the motorcycle borne unknown persons surrounded him. They assaulted him and took away his motorcycle, mobile, Bluetooth, helmet and cash worth Rs. 6,300/-.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.18813 of 2024(2) dt.15-03-2024 2/3 the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his name has surfaced in this case on the basis of the confessional statement of co-accused/Dablu Kumar who has been granted bail by a Co-ordinate Bench of this Court vide order dated 05.12.2023 passed in Cr. Misc. No. 77389 of 2023. The petitioner was not put up on T.I. Parade. He has been remanded in the present case on 22.08.2023 from Sonbarsa P.S. Case No. 226 of 2023 in which he was arrested on 16.07.2023. The petitioner has one criminal antecedent as has been stated in paragraph no.3 of the present bail application.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand)

Patna High Court CR. MISC. No.18813 of 2024(2) dt.15-03-2024 3/3 with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhagwanpur P.S. Case No. 164 of 2023 (G.R. No. 3673 of 2023).

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