Murari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40637 of 2021 Arising Out of PS. Case No.-339 Year-2020 Thana- BELDOUR District- Khagaria ====================================================== MURARI KUMAR S/o Vakil Yadav R/o village- Kanjari, P.S.- Beldour, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 394 of the Indian Penal Code.

As per the prosecution case, while the informant was coming on his motorcycle, it is stated that four accused persons stopped him and after assaulting took away Rs. 37,172/- from his possession.

It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. Referring to the order of the learned trial Court it is submitted that the name of the petitioner transpired in the confessional statement of coaccused Gautam Kumar in paragraph no. 29 of the case diary.

Patna High Court CR. MISC. No.40637 of 2021(2) dt.22-01-2022 2/2 The said Gautam Kumar has been enlarged on bail vide order dated 21.1.2022 passed in Cr. Misc. no. 40277 of 2021. No incriminating article has been recovered from the petitioner's possession who has no criminal antecedent and is in custody since 5.2.2021.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including grant of bail to co-accused Gautam Kumar on whose confessional statement before the police the name of the petitioner transpired, the Court directs the petitioner to be enlarged on bail in connection with Beldour P.S. Case no. 339 of 2020 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 1st Class, Khagaria.

(Partha Sarthy, J) Prakash/- U