Patna High CourtCR. MISC./28272/2020bail granted

Brajesh Kumar v. The State Of Bihar

2020-12-15Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28272 of 2020 Arising Out of PS. Case No.-314 Year-2019 Thana- PAKARIBARAW District- Nawada ====================================================== BRAJESH KUMAR S/o Naga Jee @ Ajay Singh R/o Vill- Dewadha, P.S.- Pakribarawan, Distt- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Tapeshwar Prasad Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-12-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Pakaribarawan P.S. Case No. 314 of 2019 registered under section 395 of the Indian Penal Code.

As per allegation in the FIR, the accused persons stopped the motorcycle of the informant, beat him up and took away Rs. 1.3 lakh that he was carrying. It is stated that the accused persons were taking the name of each other and, as such, he has named the accused.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and concocted. Admittedly from the contents of the FIR, the

Patna High Court CR. MISC. No.28272 of 2020(3) dt.15-12-2020 2/2 informant and the accused persons were not known to each other. The petitioner has not been put on T.I. parade in spite of being in custody since 16.3.2020 and charge sheet has been submitted. There is no recovery of any incriminating article from his possession.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the period in custody together with the petitioner not having been put on T.I. parade, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Pakaribarawan P.S. Case No. 314 of 2019 on furnishing bail bond of Rs. 10,000/ (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Nawada.

(Partha Sarthy, J) sushma/- U T