Bharat Kumar @ Bharat Pasi @ Abhishek Kumar@Abhishek Pasi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21813 of 2024 Arising Out of PS. Case No.-278 Year-2022 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Bharat Kumar @ Bharat Pasi @ Abhishek Kumar@Abhishek pasi SON OF MOHAN PASI Resident of village -Sohrai P.S.- Guthani District -Siwan ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Ajay Kumar Pandey, Advocate For the State :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Mahammadpur P.S. Case No. 278 of 2022 instituted for the offence under Section 395 of the Indian Penal Code. 3.

Prosecution case, in short, is that some unknown miscreants boarded on Maruti Swift vehicle overtook the Car of the informant and on the point of pistol they have snatched his key and fled away with the vehicle.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19-06-2023. Petitioner

Patna High Court CR. MISC. No.21813 of 2024(2) dt.01-04-2024 2/3 bears seven criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Chhotu Manjhi, who has been granted bail by a Co-ordinate Bench of this Court vide order dated 13-03-2024, passed in Cr. Misc. No. 21026 of 2024. It is submitted that petitioner was not put on TI parade. Other co-accused has been granted bail by this Court, vide order dated 14-03-2024, passed in Cr. Misc. No. 18738 of 2024.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of petitioner's implication and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

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 below/concerned Court in connection with

Patna High Court CR. MISC. No.21813 of 2024(2) dt.01-04-2024 3/3 Mahammadpur P.S. Case No. 278 of 2022.

(Rudra Prakash Mishra, J) Raj Kishore/- U T