Pravin Kumar @ Munil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33810 of 2023 Arising Out of PS. Case No.-97 Year-2019 Thana- JANDAHA District- Vaishali ====================================================== Pravin Kumar @ Munil Kumar Son Of Krishandev Mahto Village- Chhourahi Ps- Khodabandpur Chhourahi Op Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Jandaha P.S. Case No.97 of 2019 registered for the offence under Section 392 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 23.07.2022.

The allegation against the petitioner is to commit robbery and while committing so taken away pick-up van loaded with fish, which was in possession of the informant at the time of occurrence.

Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced during the course of investigation on the basis of confessional statement of co-

Patna High Court CR. MISC. No.33810 of 2023(2) dt.24-06-2023 2/3 accused, namely Deepak Kumar Yadav, where in furtherance of which, no incriminating material recovered/surfaced, which may connect this petitioner with the present occurrence of robbery. It is also submitted that petitioner was not put on T.I.P. as yet. It is submitted that similarly situated co-accused, namely Dipak Kumar Yadav, has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 47737 of 2019 vide order dated 31.07.2019. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above as implication of petitioner appears on the basis of confessional statement without recovery of any incriminating material coupled with the fact that charge-sheet has already been submitted, where petitioner is in custody since 23.07.2022, let above named petitioner is directed to be released on bail in connection with Jandaha P.S. Case No.97 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.33810 of 2023(2) dt.24-06-2023 3/3 sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Vaishali at Hajipur/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T