Patna High CourtCR. MISC./29753/2024bail granted

Subodh Kumar v. The State Of Bihar

2024-04-22Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29753 of 2024 Arising Out of PS. Case No.-462 Year-2023 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Subodh Kumar Son Of Dinesh Yadav Resident Of Village - Bansraj Bigha, Police Statioin - Makhdumpur, District - Jahanabad ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Makhdumpur P.S. Case No. 462 of 2023 instituted for the offences under Sections 356, 379 of the Indian Penal Code.

3. As per prosecution case, some unknown miscreants came on motorcycle and snatched informant's bag containing cash of Rs. 76,510/-, ATM Card, Mobile phone and other articles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the

Patna High Court CR. MISC. No.29753 of 2024(2) dt.22-04-2024 2/3 petitioner has come into light merely on the basis of suspicion. The petitioner has got no concern with the alleged occurrence. No incriminating article 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. Charge-sheet has been submitted in this case. The petitioner has remanded in this case from another case on 12.10.2023 and since then he is languishing in custody since and has four criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case as well as 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 Makhdumpur P.S. Case No. 462 of 2023, Subject to following conditions: (i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.29753 of 2024(2) dt.22-04-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Arish/- U T