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Patna High CourtCR. MISC./19279/2025bail granted

Sudhakar Kumar @ Surtam @ Sudhakar Kumar Surtam v. The State Of Bihar

2025-04-08Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19279 of 2025 Arising Out of PS. Case No.-888 Year-2021 Thana- KHAGARIA District- Khagaria ====================================================== Sudhakar Kumar @ Surtam @ Sudhakar Kumar Surtam S/o Jagnarayan Verma R/o Chandra Nagar, P.S.- Muffasil, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shristi Raman, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Khagaria P.S. Case No. 888 of 2021 instituted for the offences under Section 392 of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution case, in short, is that two unknown miscreants looted cash amounting to Rs. 89,098/- from the informant on the point of pistol.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.19279 of 2025(2) dt.08-04-2025 2/3 Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused persons. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the looted articles. Learned counsel further submitted that T.I.P. has not been conducted till date. Chargesheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.05.2023 and has two criminal antecedents. The co-accused person has already been granted bail by this Court vide order dated 08.11.2023 passed in Cr. Misc. No. 71176 of 2023.

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, claim based on parity 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 Khagaria P.S. Case

Patna High Court CR. MISC. No.19279 of 2025(2) dt.08-04-2025 3/3 No. 888 of 2021.

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