Harekrishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25015 of 2023 Arising Out of PS. Case No.-305 Year-2022 Thana- PUNAURA District- Sitamarhi ====================================================== Harekrishna Kumar, Son of Rabindra Ray @ Rabindra Yadav, R/o Village - Ranjeetpur West, Ward No.- 08, P.S.- Punaura, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Murari For the Opposite Party/s :

Ms.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 427, 385, 504, 506/34 of the Indian Penal Code. Later on Section 379 of the Indian Penal Code has been added in this case.

The prosecution case, in brief, is that the locks of C.S.P. Fino Payment Bank, Sitamarhi, were found broken and two cameras of the Bank were found misplaced. When the informant checked the camera machine, he found some footage and pictures. In the footage, one Hari Krishna Kumar of his own village was found. It is further alleged

Patna High Court CR. MISC. No.25015 of 2023(2) dt.23-05-2023 2/3 that the accused came to the Bank for demand of extortion of Rs. 2,00,000/- and threatened the informant that if the demand would not be fulfilled then he will commit loot in his Bank.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. Nothing has been recovered from the conscious possession of the petitioner. He has got no criminal antecedent. It is further submitted that similarly situated coaccused Birendra Yadav has already been granted bail by this Bench vide order dated 28.03.2023 passed in Cr. Misc. No. 9820 of 2023. Moreover, the petitioner is languishing in judicial custody since 15.10.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with

Patna High Court CR. MISC. No.25015 of 2023(2) dt.23-05-2023 3/3 Punaura P.S. Case No. 305 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sitamarhi.

(Sunil Kumar Panwar, J) sushma/- U T