Patna High CourtCR. MISC./23871/2024bail granted

Kamod Kumar @ Kodwa v. The State Of Bihar

2024-05-17Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23871 of 2024 Arising Out of PS. Case No.-858 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Kamod Kumar @ Kodwa S/O Sargat Ray @ Sagar Ray R/O VillagePatdaura, P.S- Bajpatti, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Sitamarhi P.S Case No. 858 of 2023 registered for the offences punishable under Sections 399, 402, 414 of the I.P.C and 251AA, 25(1-b)a, 26, 35 Arms Act.

3. As per prosecution case, petitioner and coaccused alleged to have making plan for committing crime, a knife and a mobile recovered from the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that no incriminating article has been

Patna High Court CR. MISC. No.23871 of 2024(3) dt.17-05-2024 2/2 recovered from the conscious possession of the petitioner. It is next submitted that one of the co-caused has already granted bail by the Co-ordinate Bench of this Court vide order dated 01.03.2024 passed in Cr. Misc. No. 12613 of 2024. It is also submitted that petitioner is in judicial custody since 15.11.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named 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 learned C.J.M, Sitamarhi in connection with Sitamarhi P.S Case No. 858 of 2023.

(Ramesh Chand Malviya, J) Mayank/- U T