Patna High CourtCR. MISC./34092/2024bail granted

Piyush Kumar @ Piyush Yadav @ Piyush Kumar Yadav v. The State Of Bihar

2024-05-02Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34092 of 2024 Arising Out of PS. Case No.-221 Year-2023 Thana- BANMANKHI District- Purnia ====================================================== Piyush Kumar @ Piyush Yadav @ Piyush Kumar Yadav S/o Naresh Yadav R/o F.C.I. Khutahri, P.S. - Banmankhi, Distt. - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Banmankhi P.S. Case No. 221 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution allegation, in short, is that when the informant reached near Arujun Chowk three miscreants over took him and on the point of pistol looted away the cash, Rs. 40,000/- and driving licence from him and they fled away taking the name of this petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no concern with the alleged

Patna High Court CR. MISC. No.34092 of 2024(2) dt.02-05-2024 2/2 occurrence. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has not been put on Test Identification Parade to ascertain his participation in the alleged occurrence. The petitioner is in custody since 21.02.2024 and has got antecedent of two criminal cases.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail after framing of charge if not already framed 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 Banmankhi P.S. Case No. 221 of 2023. (Rudra Prakash Mishra, J) Prakash/- U