Krishna Bind @ Kishan Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22316 of 2025 Arising Out of PS. Case No.-483 Year-2024 Thana- SHIVSAGAR District- Rohtas ====================================================== Krishna Bind @ Kishan Bind S/o- Late Jitendra Bind Village- Patadih PSShivsagar, Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Chandna, Advocate For the Opposite Party/s :

Mr. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Shivsagar P.S. Case No. 483 of 2024 instituted for the offence under Sections 310(2), 317(B) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-b)a, 26 & 35 of the Arms Act. 3.

The prosecution case in short is that six unknown miscreants armed with various weapons looted Rs. 1,400/- and mobile phone of the informant and his associate. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 05-11-2024. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.22316 of 2025(2) dt.29-04-2025 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement of co-accused, namely, Sonu Kumar and Manoj Kumar and the same has got no evidentiary value. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner fairly submits that there is recovery of two mobile phones from the possession of the petitioner, which fact has surfaced in the case diary. Other co-accused has been granted bail by this Court vide order dated 07-04-2025, passed in Cr. Misc. No. 18893 of 2025. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and manner of petitioner's implication, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.22316 of 2025(2) dt.29-04-2025 3/3 below/concerned Court in connection with Shivsagar P.S. Case No. 483 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T