Karan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36514 of 2024 Arising Out of PS. Case No.-76 Year-2023 Thana- DINARA District- Rohtas ====================================================== Karan Kumar Son of Neharu Singh R/O village- Jalwasi, P.S.- Itardhi, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sadanand Roy, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in Dinara P.S. Case No. 76 of 2023, instituted for the offences punishable under Section 392 of the Indian Penal Code which was later substituted by Sections 395 and 412 of the Indian Penal Code. 3.

The prosecution case, in short, is that, some miscreants looted motorcycle, rupees three thousand and mobile phone from the informant on gun point and fled away. 4.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.36514 of 2024(2) dt.15-05-2024 2/3 petitioner is innocent and has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R and name of the petitioner has transpired on the basis of confessional statement of co-accused Mohan Yadav. Learned counsel for the petitioner further submitted that the petitioner is languishing in judicial custody since 18.04.2023 and has got three criminal antecedents in which the petitioner is on bail in two cases. It is lastly submitted that Charge-sheet has already been submitted in the present case. Other co-accused has been granted bail by this Court vide orders dated 22-03-2024 & 03-04-2024, passed in Cr. Misc. No. 21508 of 2024 & Cr. Misc. No. 82716 of 2023.

5.

Learned APP 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, claim based on parity and taking into account 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.36514 of 2024(2) dt.15-05-2024 3/3 below/concerned Court in connection with Dinara P.S. Case No. 76 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T