Kaushal Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16284 of 2023 Arising Out of PS. Case No.-101 Year-2020 Thana- AURAI District- Muzaffarpur ====================================================== KAUSHAL DAS Son of Late Girdhari Das R/V- Atrar, P.S- Aurai, DistMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 392 of the Indian Penal Code.

As per prosecution case, informant runs a CSP center of SBI. After withdrawal the money the informant proceeded from Aurai Bank for going to CSP Centre thereafter, some unknown miscreants dashed the informant's motorcycle and snatched the money bag from the informant, in which Rs.

Patna High Court CR. MISC. No.16284 of 2023(2) dt.29-04-2023 2/3 4,50,000/- was kept.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is neither named in the FIR nor apprehended on spot. On the basis of confessional statement of other co-accused and due to his criminal antecedents, the petitioner has implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 25.01.2023 passed in Cr. Misc No. 31450 of 2022. Petitioner has remanded in this case from another case on 19.12.2022 and since then he is languishing in judicial custody. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M., 1st

Patna High Court CR. MISC. No.16284 of 2023(2) dt.29-04-2023 3/3 Class, Muzaffarpur (East) in connection with Aurai P.S. Case No. 101 of 2020.

(Sunil Kumar Panwar, J) arish/- U T