Patna High CourtCR. MISC./37293/2024bail granted

Jivan Kumar @ Jeevan Kumar v. The State Of Bihar

2024-05-15Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37293 of 2024 Arising Out of PS. Case No.-1380 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== Jivan Kumar @ Jeevan Kumar son of Arvind Tanti village- Sonapur Dih P.SNayagav District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rohit Kumar Tripathi For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== 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 connection with Phulwarisharif P.S. Case No. 1380 of 2022 instituted for the offences under Section 395 of the Indian Penal Code.

3. As per prosecution case, six unknown persons entered into the shop of the informant and looted an amount of Rs. 1,50,000/- and some jewellery.

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

Patna High Court CR. MISC. No.37293 of 2024(2) dt.15-05-2024 2/3 confessional statement of co-accused poerson, which has 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. Charge-sheet has been submitted in this case. He further submitted that the others co-accused have already been granted bail by this Court vide order dated 26.04.2024 passed in Cr. Misc. No. 32063 of 2024. The petitioner is in custody since 24.02.2023 and has five criminal antecedents.

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, the period of custody undergone by the petitioner and the claim based on parity, 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 below/concerned Court in connection with Phulwarisharif P.S. Case No. 1380 of 2022, Subject to following conditions:

Patna High Court CR. MISC. No.37293 of 2024(2) dt.15-05-2024 3/3 (i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court will have liberty to cancel the bail bonds of the petitioner.

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