Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33832 of 2022 Arising Out of PS. Case No.-31 Year-2021 Thana- ASARGANJ District- Munger ====================================================== SURAJ KUMAR Son of Horil Singh Resident of Village - Muzaffarganj, P.s.- Haveli Kharagpur, Dsitt.- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishore Singh, Advocate For the Opposite Party/s :

Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Asarganj P.S. Case No. 31 of 2021 for the offence registered under Section 395 of the Indian Penal Code.

The case of the prosecution, according to the informant, is that on 09.03.2021, 5-6 miscreants armed with country made pistol had entered into the Gramin Bank, Masumganj Branch, whereafter, they had entered into the safe room and on gun point had committed dacoity and decamped with a sum of Rs. 5,44,416/-.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.33832 of 2022(3) dt.03-01-2023 2/3 submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 07.06.2021. It is further submitted that the petitioner has already been granted bail in the related cases i.e. Asarganj P.S. Case No. 32 of 2020, hence recovery from the petitioner to the tune of Rs. 4,08,170/- is not of much significance. Nonetheless, it is submitted that if this Court is not inclined to grant bail to the petitioner, at the moment, the petitioner be granted liberty to renew his prayer for bail after framing of charge by the learned trial court. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner, I deem it fit and proper to dispose off the present petition as not pressed, however, with liberty to the petitioner to renew his prayer for bail immediately upon framing of charge by the learned trial court.

Patna High Court CR. MISC. No.33832 of 2022(3) dt.03-01-2023 3/3 The petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/Saurav U T