Badal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17247 of 2023 Arising Out of PS. Case No.-213 Year-2021 Thana- PURAINI District- Madhepura ====================================================== Badal Kumar S/O Jyotish Singh @ Jyotish Sinh Resident Of VillageGaneshpur, Ward No.- 09, P.S.- Puraini, District- Madhepura. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 392 of the Indian Penal Code.

The prosecution case in nutshell is that while the informant was returning towards his house on motorcycle, three miscreants, armed with Lathi, Knife and Arms, surrounded him and at the point of pistol, they looted Rs. 1,200/-, Mobile phone, key of his shop and motorcycle from the informant.

Patna High Court CR. MISC. No.17247 of 2023(2) dt.16-05-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his possession. The name of petitioner sprang up in this case on confessional statement of co-accused Kailash Kumar. The looted motorcycle was recovered from the possession of co-accused Dilkhush Kumar. Moreover, the petitioner is languishing in judicial custody since 08.07.2022. Similarly situated co-accused persons have been granted bail by co-ordinate Bench of this Court. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on

Patna High Court CR. MISC. No.17247 of 2023(2) dt.16-05-2023 3/3 bail in connection with Puraini P.S. Case No. 213 of 2021 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 Judicial Magistrate, 1st Class, Udaakishunganj, Madhepura.

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