Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22065 of 2024 Arising Out of PS. Case No.-969 Year-2023 Thana- PATNA RAIL P.S. District- Patna ====================================================== KRISHNA KUMAR Son of Binod Kumar Gupta @ Ram Vinod Sav Resident of Kurji Gosaitola, New Petrol Pump, P.S.-Patliputra, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyameshwar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-04-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with GRP Patna P.S. Case no. 969 of 2023 registered under sections 379, 411 and 401 of the Indian Penal Code.

3. As per the prosecution case, the informant states that on halla being raised by the passengers, the police personnel on duty reached there and caught hold of five persons including the petitioner herein who made an attempt to escape. It is stated that various articles were recovered from the accused persons. From the possession of the petitioner a mobile phone was recovered.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.22065 of 2024(2) dt.04-04-2024 2/3 petitioner has been falsely implicated in the case. No incriminating article has been recovered from the petitioner's possession. He is in custody since 23.10.2023 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R together with the petitioner having remained in custody for 5 months since 23.10.2023 and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with GRP Patna P.S. Case no. 969 of 2023, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Patna on the following conditions :-

(1) The petitioner shall remain properly represented in the learned trial Court on each date of the case and shall cooperate in the case/trial.

(2) In case the learned trial Court is of the opinion that the petitioner is not cooperating and the trial is being delayed due to non-cooperation on part of the petitioner, the learned trial

Patna High Court CR. MISC. No.22065 of 2024(2) dt.04-04-2024 3/3 Court may cancel the bail bond of the petitioner and take him into the custody till conclusion of the trial. (Partha Sarthy, J) Harsh/- U T