Kaushal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14411 of 2025 Arising Out of PS. Case No.-140 Year-2024 Thana- KAUWAKOL District- Nawada ====================================================== Kaushal Kumar Son of Badri Yadav Resident of Village - Itari, P.S. - Dhamaul, District - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vibhuti Ranjan Sonvadra, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Kawakole P.S. Case No. 140 of 2024 instituted for the offences under Section 392 of the Indian Penal Code.
3. Prosecution case, in short, is that, while the informant was coming from Chandradeep side, the three unknown miscreants intercepted him and looted motorcycle and mobile phone from him on the gun point and fled away.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.14411 of 2025(2) dt.28-02-2025 2/3 petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of co-accused Rahul Kumar. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. Learned counsel further submitted that petitioner has got no concern with the looted articles. Chargesheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.08.2024 and has two criminal antecedents. The co-accused person has already been granted bail by this Court vide order dated 04.02.2025 passed in Cr. Misc. No. 4465 of 2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be 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
Patna High Court CR. MISC. No.14411 of 2025(2) dt.28-02-2025 3/3 below/concerned Court in connection with Kawakole P.S. Case No. 140 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T