Patna High CourtCR. MISC./19632/2024bail granted

Bittu Kumar @ Bitu Kumar v. The State Of Bihar

2024-03-18Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19632 of 2024 Arising Out of PS. Case No.-891 Year-2023 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Bittu Kumar @ Bitu Kumar Son of Raghunath Paswan Resident of vill.- Madhaul, P.S.-Maniyari, Distt.-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore, Advocate For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sadar P.S. case No. 891 of 2023 instituted for the offences under Sections 395 of the Indian Penal Code.

3. Prosecution case, in short, is that 7-8 unknown miscreants looted Rs. 2 lakhs from the gas godown.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case due to high handedness of police. Petitioner is not

Patna High Court CR. MISC. No.19632 of 2024(2) dt.18-03-2024 2/3 named in the F.I.R. The name of the petitioner transpired in this case during investigation on the basis of self-confessional statement of this petitioner. No looted article has been recovered from the conscious possession of the petitioner. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner ahs been remanded in this case from Sadar P.S. Case No. 954 of 2023 on 09.11.2023 and has three criminal antecedents.

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, 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 below/concerned Court in connection with Sadar P.S. case No. 891 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.19632 of 2024(2) dt.18-03-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T