Banti Kumar @ Banty Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26409 of 2025 Arising Out of PS. Case No.-202 Year-2024 Thana- PURAINI District- Madhepura ====================================================== Banti Kumar @ Banty Kumar S/o Subhash Mandal @ Subhash Singh Resident of Village- Koiyala Tola Ward no 01, PS- Puraini, Distt.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Puraini P.S. Case No. 202 of 2024 instituted for the offences under Section 309(4) of the B.N.S., 2023.

3. As per prosecution case, the accusation against the two unknown miscreants is of snatching seven to eight thousand rupees from the Informant and his staff on the point of gun.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his name has surfaced in this case in course of investigation merely on the

Patna High Court CR. MISC. No.26409 of 2025(2) dt.05-05-2025 2/3 basis of confessional statement of the co-accused Alok Kumar. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner or from his house. The petitioner has been remanded in this case on 27.11.2024 from Puraini P.S. Case No. 203 of 2024. Except confessional statement, there is nothing against the petitioner. No T.I.P. has been conduced by the police till date. The petitioner has one criminal antecedent in which he is on bail and is languishing in judicial custody since 27.11.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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 Puraini P.S. Case No. 202 of 2024, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner.

Patna High Court CR. MISC. No.26409 of 2025(2) dt.05-05-2025 3/3 (ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

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