Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26636 of 2024 Arising Out of PS. Case No.-445 Year-2019 Thana- HISUWA District- Nawada ====================================================== Prince Kumar, Male, aged about 25 years, S/o- Late Anish Singh R/oVillage- Mabrath, PS- Kashichak, Distt- Nawadah. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-04-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Hisua P.S. Case No.445 of 2019 registered for the offence under Sections 394 of the Indian Penal Code.

3.

Allegation against the petitioner along with other co-accused persons is to have taken away car bearing registration no.BR02T06561 and a Oppo Mobile belongs to the informant.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case, where, petitioner is not named in the FIR and his name surfaced on the confessional statement of

Patna High Court CR. MISC. No.26636 of 2024(2) dt.16-04-2024 2/3 other co-accused persons Nilmani Sharma @ Chhotu. It is submitted nothing incriminating articles have been recovered from the possession of this petitioner and no TIP has been conducted, during course of investigation. It is further submitted that petitioner is in custody since 05.12.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Hisua P.S. Case No.445 of 2019 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIth, Nawadah. 7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of

Patna High Court CR. MISC. No.26636 of 2024(2) dt.16-04-2024 3/3 framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T