Sanjay Pradhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28950 of 2024 Arising Out of PS. Case No.-1096 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== Sanjay Pradhan SON OF KUSHO PRADHAN Resident of Village - Dashmaniya, PS- Kalinga Nagar, Distt- Jajpur, odisa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in K. Hat (Sahayak) P.S. Case No. 1096 of 2023 instituted for the offences under Section 392 and 411 of the Indian Penal Code.

3. Prosecution allegation, in short, is that two unknown persons riding on one Pulsar motor cycle snatched bag of the informant containing Rs. 2.5 lacs cash and a mobile with SIM.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no concern with the alleged occurrence. The petitioner is not named in the FIR. His name transpired on the confessional statement of co-accused

Patna High Court CR. MISC. No.28950 of 2024(2) dt.29-04-2024 2/2 Deva Das recorded in K. Hat (Madhubani) P.S. Case No. 1101 of 2023. Except the said confessional statement there is no legal evidence against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has not been put on Test Identification Parade to ascertain his participation in the alleged occurrence. Chargesheet has been submitted in this case. The petitioner is in custody since 05.12.2023.

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 and 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 K. Hat (Sahayak) P.S. Case No. 1096 of 2023 (Rudra Prakash Mishra, J) Prakash/- U