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Patna High CourtCR. MISC./33111/2024bail granted

Kirandeo Kumar @ Kiran Dev Kumar @ Shivam Kumar v. The State Of Bihar

2024-05-07Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33111 of 2024 Arising Out of PS. Case No.-46 Year-2023 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Kirandeo Kumar @ Kiran Dev Kumar @ Shivam Kumar son of Kapildeo Mahto @ Kapiladev Mahato Vill- Barun Raun, Ps- Alauli, Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Bharti, Adv.

For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bhairavasthan P.S. Case No. 46 of 2023 dated 01.04.2023 giving rise to G.R. No. 585 of 2023 registered for the offences punishable u/s 392 of the Indian Penal Code.

3. As per the prosecution case, three unknown miscreants boarded on a motorcycle intercepted the motorcycle of the informant and looted the motorcycle, mobile phone and purse on the point of pistol.

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

Patna High Court CR. MISC. No.33111 of 2024(2) dt.07-05-2024 2/2 this case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in this case during the course of investigation. Nothing has been recovered from the conscious possession of the petitioner. No T.I.P. has been conducted by the prosecution. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.01.2024.

5. Learned A.P.P. for the State has vehemently 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 abovenamed, 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 Court concerned, Madhubani in connection with Bhairavasthan P.S. Case No. 46 of 2023 giving rise to G.R. No. 585 of 2023.

7. The application stands allowed.

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