Devesh Kumar Jha @ Rishi Baba @ Devesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24458 of 2024 Arising Out of PS. Case No.-240 Year-2023 Thana- MANIGACHI District- Darbhanga ====================================================== Devesh Kumar Jha @ Rishi Baba @ Devesh Kumar S/o- Bipin Jha @ Vipin Kumar Jha R/o- Bhandarso Ps- Manigachi Dist- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saurav Anand, Advocate For the Opposite Party/s :
Mr.Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Manigachi P.S. case No. 240 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.
3. Prosecution case, in short, is that four unknown miscreants boarded on two motorcycles looted Rs. 11,00,000/- from the informant and other persons on the gunpoint and fled away.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.24458 of 2024(3) dt.19-04-2024 2/3 Petitioner is not named in the FIR. The name of the petitioner transpired in this case during investigation on the selfconfessional statement of this petitioner. He further submitted that there is a recovery of two mobile phones and cash amounting to Rs. 72,250/- from the possession of this petitioner but the recovered article and cash belong to the petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. The co-accused person has already been granted bail by this Court vide order dated 15.03.2024 passed in Cr. Misc. No. 19058 of 2024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.11.2023 and has two criminal antecedents but he is on bail in both the cases.
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 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 Manigachi P.S. case
Patna High Court CR. MISC. No.24458 of 2024(3) dt.19-04-2024 3/3 No. 240 of 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T