Madhusudan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35105 of 2021 Arising Out of PS. Case No.-324 Year-2020 Thana- DUMRAO District- Buxar ====================================================== MADHUSUDAN KUMAR Son of Ganesh Singh Resident of Village - Nayi Bazar, Ward no.5, Buxar, P.S.- Buxar (T), Distt.- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bhanu Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-01-2022 Heard Mr. Arun Kumar Gupta, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Dumraon P.S. Case No. 324 of 2020 registered for the offence punishable under Section 392 of the Indian Penal Code 1860.

As per the First Information Report, the informant was accosted by three unknown persons on the gun point and the miscreants looted a sum of Rs.8,75,000/- of the informant.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.35105 of 2021(2) dt.04-01-2022 2/3 petitioner has falsely been implicated in this case on the basis of confessional statement of the petitioner as well as co-accused persons. He further submits that the petitioner was arrested in Dumraon P.S. Case No.22/2021 and from where he has been remanded in the present case on the basis of his confessional statement. He next submits that except confessional statement of co-accused, no incriminating material and/or looted property has been recovered from possession of the petitioner and the petitioner has not been put on Test Identification Parade as yet. The petitioner is in custody since 25.01.2021.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that no incriminating material and/or looted property has been recovered from the possession of the petitioner, the petitioner is in custody since 25.01.2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.35105 of 2021(2) dt.04-01-2022 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Dumraon P.S. Case No. 324 of 2020 subject to the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T