Nagendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31039 of 2024 Arising Out of PS. Case No.-801 Year-2023 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Nagendra Kumar Son of Ramlal Yadav Resident of Village- Jorabganj, P.S.- Kodha, District- Katihar ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Raju Kumar For the Opposite Party :

Mr. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sadar P.S. Case No. 801 of 2023 dated 17.08.2023 registered for the offences punishable under Sections 356 and 379 of the Indian Penal Code.

3. As per the prosecution case, two unknown miscreants boarded on motorcycle snatched Rs. 8 lakhs from the informant and fled away.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been

Patna High Court CR. MISC. No.31039 of 2024(3) dt.28-08-2024 2/3 implicated in this case. Nothing has been recovered from the possession of the petitioner. The petitioner is not named in the FIR but the name of the petitioner has sprung up in this case in the confessional statement of co-accused person. The recovery was made from the lodge of coaccused, Arvind Kumar. The co-accused, has been granted bail by this Court vide order dated 08.08.2024 passed in Cr. Misc. No. 44104 of 2024. The petitioner has no concern with the alleged recovery. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 18.10.2023.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Muzaffarpur in connection with Sadar P.S. Case No. 801 of 2023, with the condition:-

Patna High Court CR. MISC. No.31039 of 2024(3) dt.28-08-2024 3/3 (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T