Patna High CourtCR. MISC./29047/2024bail granted

Subodh Kumar v. The State Of Bihar

2024-04-29Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29047 of 2024 Arising Out of PS. Case No.-75 Year-2023 Thana- BARABAR TOURIST District- Jehanabad ====================================================== Subodh Kumar Son of Dinesh Yadav Resident of Village- Bansraj Bigha, Police Station- Makhdumpur, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Satyendra Prasad, 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 Barabar Paryatan P.S. Case No. 75 of 2023 instituted for the offences under Section 394 of the Indian Penal Code.

3. Prosecution allegation, in short, is that when the informant reached near Tilkai More by his bike the three accused persons on a pulsar motorcycle came near the informant and stopped him and snatched his bag containing Rs. 1,15,090/- cash and a bio-metric machine.

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

Patna High Court CR. MISC. No.29047 of 2024(2) dt.29-04-2024 2/2 occurrence. No incriminating material has been recovered from the possession of the petitioner. The petitioner has been remanded in this case from Makhdumpur P.S. Case No. 577 of 2023. The petitioner has not been put on Test Identification Parade to ascertain his participation in the alleged occurrence. The petitioner is in custody since 27.08.2023 and has no criminal antecedent

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, 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 below/concerned Court in connection with Barabar Paryatan P.S. Case No. 75 of 2023. (Rudra Prakash Mishra, J) Prakash/- U