Patna High CourtCR. MISC./38464/2024bail granted

Bhushan @ Bhola v. The State Of Bihar

2024-05-16Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38464 of 2024 Arising Out of PS. Case No.-65 Year-2023 Thana- BEN P.S. District- Nalanda ====================================================== Bhushan @ Bhola Son of Bhagwat Yadav R/o Vil.- Laliyari, P.S.- Mahakar, Dist.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ben P.S. Case No. 65 of 2023 instituted for the offences under Section 395 of the Indian Penal Code.

3. As per prosecution case, on the pretext of some urgent work 5-6 unknown persons boarded on the Scorpio of informant. As soon as, they reached government building, Nohasa, informant and driver were pushed and accused persons snatched Rs. 20,000/-, mobile phones and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.38464 of 2024(2) dt.16-05-2024 2/3 present case. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light on the basis of confessional statement of co-accused person, which has got no evidentiary value in the eyes of law. The petitioner has got no concern with the alleged occurrence. No incriminating article 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. Chargesheet has been submitted in this case. Moreover, it is submitted that the other co-accused has already been granted bail by this Court vide order dated 13.02.2024 passed in Cr. Misc. No. 79055 of 2023. The petitioner is in custody since 02.02.2024 and has one criminal antecedent.

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

6. Considering the facts and circumstances of the case as well as 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 on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.38464 of 2024(2) dt.16-05-2024 3/3 below/concerned Court in connection with Ben P.S. Case No. 65 of 2023.

(Rudra Prakash Mishra, J) Arish/- U T