Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36074 of 2024 Arising Out of PS. Case No.-151 Year-2023 Thana- BITHAN District- Samastipur ====================================================== Ramesh Kumar Son of Late Shankar Yadav Resident of Village- Pipra, P.S.- Bithan, Dist.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha, Advocate :

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

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bithan P.S. case No. 151 of 2023 instituted for the offences under Sections 356, 379 of the Indian Penal Code.

3. Prosecution case, in short, is that when the informant was on his way after collecting money, two unknown miscreants dashed his motorcycle and one of them snatched bag

Patna High Court CR. MISC. No.36074 of 2024(2) dt.15-05-2024 2/3 containing cash amounting to Rs. 76,877/-, ID Card, Pan Card, mobile phone and other documents and fled away.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of self-confessional statement. Learned counsel further submitted that mobile phone and Rs. 6,000/- was recovered from this petitioner but the same belongs to the petitioner and except this, no any incriminating/looted article has been recovered from his conscious possession. Learned counsel further submitted that petitioner has got no concern with the stolen articles. Chargesheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.11.2023 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, clean antecedent as also 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

Patna High Court CR. MISC. No.36074 of 2024(2) dt.15-05-2024 3/3 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 Bithan P.S. case No. 151 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T