Prabhakar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38857 of 2021 Arising Out of PS. Case No.-235 Year-2020 Thana- RAMKRISHNANAGAR District- Patna ====================================================== PRABHAKAR KUMAR S/o Late Prem Prasad Singh Resident of MuhallaMathnital, P.S.- Malsalami, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-01-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Ram Krishnanagar Police Station Case No. 235 of 2020, registered for the offences punishable under Section 392 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that while the informant was going to deposit the sale proceeds of his petrol pump in the bank, he was accosted by three persons on a motorcycle and one of them fired upon the informant and looted away a sum of Rs. 6,86,300/-. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has been implicated in this case on the basis of the

Patna High Court CR. MISC. No.38857 of 2021(2) dt.20-01-2022 2/3 confessional statements of co-accused Karan Kumar and Anand Kumar Mahto. He further submits that no Test Identification Parade has been conducted by the police as yet and Anand Kumar Mahto has been granted bail by this Court vide Criminal Misc. No. 14843 of 2021. He further submits that no incriminating material and/or looted article has been recovered from the possession of the petitioner. He further submits that the petitioner is in custody since 26.11.2020 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that co-accused Anand Kumar Mahto has been granted bail by this Court, charge sheet has already been submitted, no incriminating material and/or looted article has been recovered from the possession of the petitioner and the petitioner is in custody since 26.11.2020, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with

Patna High Court CR. MISC. No.38857 of 2021(2) dt.20-01-2022 3/3 two sureties of the like amount each to the satisfaction of learned 13th Additional Chief Judicial Magistrate, Patna, in connection with Ram Krishna Nagar Police Station Case No. 235 of 2020.

This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √