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Patna High CourtCR. MISC./18204/2023allowed

Karan Kumar @ Chhotu v. The State Of Bihar

2023-05-12Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 18204 of 2023 Arising Out of PS. Case No.-456 Year-2022 Thana- BARHARA KOTHI District- Purnia ====================================================== 1.

KARAN KUMAR @ CHHOTU son of Prahlad Yadav Village- Tetrahi PsJankinagar Dist- Purnea 2.

Amrendra Kumar son of Kamal Mandal Village- Sinwari Fakirana Tola PsBihariganj Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case instituted for the offence under Section 392 of the Indian Penal Code and later on added Section 411 of the IPC. As per prosecution case, when the informant was returning to his house on his motorcycle, at about 9:00 P.M., some unknown miscreants surrounded him and assaulted him by butt of the pistol, thereafter snatched cash of Rs. 4750/-,

Patna High Court CR. MISC. No. 18204 of 2023(2) dt.12-05-2023 2/3 mobile phone and fled away.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to dirty village politics. They have committed no offence. Petitioners are not named in the FIR and the same has been lodged against unknown persons. He submitted that as a matter of fact, it has been wrongly stated that stolen property (motorcycle) has been recovered from possession of the petitioners. The petitioners were wrongly apprehended by the police, while they were moving along with his friends and they entered into some hot argument, which led to the false implication in the present case and the alleged motorcycle, which has recovered relates to Gwalpara P.S. Case No. 205 of 2022. The trial of the case is triable by learned Judicial Magistrate. They are languishing in judicial custody since 26.09.2022.

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 petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing

Patna High Court CR. MISC. No. 18204 of 2023(2) dt.12-05-2023 3/3 bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnia in connection with Barhara Kothi P.S. Case No. 456 of 2022.

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