Prakash Kumar @ Bhutta @ Prakash Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32928 of 2022 Arising Out of PS. Case No.-78 Year-2021 Thana- BEERPUR District- Begusarai ====================================================== PRAKASH KUMAR @ BHUTTA @ PRAKASH PASWAN S/o Late Ram Chandra Paswan R/o village- Birpur, P.S.- Birpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State, through Virtual Court Proceedings.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Birpur P.S. Case No. 78 of 2021 registered for the offence under Sections 394, 397 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

The accused/petitioner is not named in the F.I.R. and is in custody since 11.07.2021.

The allegation against the petitioner is to commit robbery and while committing so, taken away, Rs. 3,05,000/- (Rupees Three Lac and Five Thousand Only), three cheque

Patna High Court CR. MISC. No.32928 of 2022(2) dt.16-09-2022 2/3 books, ID card and account opening form, from the informant. Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of confessional statement of co-accused, namely, Jawahar Paswan and in furtherance of which nothing incriminating surfaced during course of investigation, which may connect this petitioner with the present set of occurrence. It is also submitted that said co-accused has already been granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 66017 of 2021 dated 29.04.2022. It is also submitted that petitioner was not put on TIP, as yet. It is also submitted that the petitioner is a man of clean antecedent, moreover, 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, while opposing the prayer of bail, fairly conceded the fact that the petitioner is not named in the FIR. Considering the facts and circumstances as mentioned above, as nothing incriminating surfaced/recovered during course of investigation in furtherance of confessional statement of co-accused to connect this petitioner, prima-facie, with the present set of occurrence, who is a man of clean antecedent

Patna High Court CR. MISC. No.32928 of 2022(2) dt.16-09-2022 3/3 coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Birpur P.S. Case No. 78 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - VI, Begusarai/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.

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