Patna High CourtCR. MISC./31267/2024bail granted

Khedu Sharma v. The State Of Bihar

2024-04-24Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31267 of 2024 Arising Out of PS. Case No.-74 Year-2023 Thana- SUGAULI RAIL P.S. District- West Champaran ====================================================== Khedu Sharma Son Of Sri Chanar Thakur Resident Of Village - Kadamwa, Ward No. 09, P.S. - Gopalpur, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Bettiah (Sugaul) Rail P.S. Case No. 74 of 2023, instituted for the offences punishable under Sections 379 and 411 of the Indian Penal Code.

3. The prosecution case, in short, is that, petitioner snatched the mobile phone of the informant and was apprehended on spot.

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 the mobile phone has been recovered from the possession of

Patna High Court CR. MISC. No.31267 of 2024(2) dt.24-04-2024 2/2 the petitioner but the informant and his associates committed mischief with the petitioner during a scuffle in between them. The petitioner is in custody since 01.12.2023 and has got no criminal antecedent.

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 Bettiah (Sugaul) Rail P.S. Case No. 74 of 2023.

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