Uday Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30296 of 2024 Arising Out of PS. Case No.-86 Year-2023 Thana- MOTIPUR District- Muzaffarpur ====================================================== Uday Kumar Son Of Rajendra Roy @ Rajendra Rai Resident Of Village - Ratanpura, P.S. - Motipur, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== 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 Motipur P.S. Case No. 86 of 2023 instituted for the offence under Section 394 of the Indian Penal Code and Section 27 of the Arms Act.

3.

Prosecution case in short is that informant was accosted with two unknown miscreants, who on the point of pistol looted motorcycle, mobile phone, bag. It if further alleged that one of the co-accused has fired upon the informant, which hit the thigh of the informant.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17-07-2023. Petitioner

Patna High Court CR. MISC. No.30296 of 2024(2) dt.22-04-2024 2/3 bears four criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Premchand, and the same has no evidentiary value. Nothing has been recovered from the conscious possession of the petitioner. It is lastly submitted that charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of petitioner's implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

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 Motipur P.S. Case No. 86 of 2023, subject to the following conditions:

Patna High Court CR. MISC. No.30296 of 2024(2) dt.22-04-2024 3/3 (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 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) Raj kishore/- U T