Bari Kumar @ Nagendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30415 of 2024 Arising Out of PS. Case No.-154 Year-2022 Thana- NOORSARAI District- Nalanda ====================================================== Bari Kumar @ Nagendra Kumar S/o Ravindra Prasad R/o vill - Lalbag, P.s. - Deep Nagar, Distt. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Noorsarai P.S. Case No. 154 of 2022, instituted for the offences punishable under Section 394 of the Indian Penal Code.

3. The prosecution case, in short, is that, four miscreants attacked the informant with lathi due to which the informant fell down in the bushes and on gun point snatched some articles like mobile phone, cash, etc.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. It is further submitted that there is no any specific allegation against the petitioner,

Patna High Court CR. MISC. No.30415 of 2024(2) dt.23-04-2024 2/2 rather the allegation is general and omnibus in nature and no T.I.P has been conducted. Name of the petitioner has transpired on the basis of confessional statement made by the co-accused Tunna Kumar. Except for confessional statement co-accused, there is nothing alleged against the petitioner. The petitioner is in custody since 14.02.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that coaccused has been granted bail by the Court below.

5. Learned APP 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 and taking into account 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Noorsarai P.S. Case No. 154 of 2022.

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