Prabhat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22777 of 2025 Arising Out of PS. Case No.-210 Year-2023 Thana- SAHIYARA District- Sitamarhi ====================================================== Prabhat Kumar Son of Ramu Mahto @ Rambabu Mahto Resident of Village - Bhuthi, P.S.- Bhuthi, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhubala Verma For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 28-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Sahiyara P.S. Case No. 210 of 2023 registered for the offence punishable under section 392 of the Indian Penal Code.

3. As per allegation in the FIR, informant works as a collection agent in B.S.S. Micro Finance. On 4.12.2023, while he was returning after collecting the amount, in the way, three unknown motorcycle borne criminals intercepted his motorcycle and on gunpoint snatched his entire amount i.e. Rs. 48,800/- and his motorcycle and fled away.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case only because stolen motorcycle was recovered from the house of the

Patna High Court CR. MISC. No.22777 of 2025(2) dt.28-04-2025 2/3 petitioner. Petitioner has no concern with the alleged motorcycle rather he submits that the said motorcycle belongs to his relative, who had parked the same in his premises two days ago. During investigation, apprehended co-accused Sundar Kumar has confessed the name of the petitioner before the police, which has got no evidentiary value in the eye of law. Charge has been framed against the petitioner. No Test Identification Parade has been conducted by the police till date. Petitioner is a poor labor and he is languishing in judicial custody since 20.01.2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Sitamarhi in connection with Sahiyara P.S. Case No. 210 of 2023 with following conditions:

(i) Petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bond may

Patna High Court CR. MISC. No.22777 of 2025(2) dt.28-04-2025 3/3 be cancelled by the Court below.

(ii) One of the bailors must be the close relative of the petitioner.

(S. B. Pd. Singh, J) sushma/- U T