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Patna High CourtCR. MISC./36853/2024bail granted

Pintu Kumar @ Pintu Kumar Sah @ Pintu Sah v. The State Of Bihar

2024-07-26Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36853 of 2024 Arising Out of PS. Case No.-268 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== Pintu Kumar @ Pintu Kumar Sah @ Pintu Sah Son of Ganesh Sah Village - Seuri Gopinathpur, P.S. Saraiya, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Preety Kunwar, Adv.

For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Saraiya (Jaitpur) P.S. Case No.268 of 2020 lodged under Section 394 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against four unknown accused persons against whom there is allegation of loot of bag and motorcycle of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner's name has figured in this case by virtue of the confessional statement of co-accused. He submits that nothing incriminating has been recovered from the possession of

Patna High Court CR. MISC. No.36853 of 2024(3) dt.26-07-2024 2/3 the petitioner and he was not put on T.I.P.

5. Counsel further submits that petitioner's name has come in this case at the instance of police, only due to the reason that there are 6 criminal cases pending against him in which he is on bail. He submits that petitioner is in custody since 22.02.2024.

6. Learned counsel for the State opposes the prayer for bail.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, after framing of charge, if not framed as well as on being satisfied by the trial court that the petitioner is not absconding in any of the cases which are pending against him whose details are mentioned below, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M.-IV, Muzaffarpur (West), or Successor Court in connection with Saraiya (Jaitpur) P.S. Case No.268 of 2020, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

8. The details of the cases which are pending against the petitioner, are as follows:-

Patna High Court CR. MISC. No.36853 of 2024(3) dt.26-07-2024 3/3 i. Saraiya P.S. Case No.848 of 2019.

ii. Saraiya P.S. Case No.270 of 2020.

iii. Saraiya (Jaitpur) P.S. Case No.275 of 2020. iv. Saraiya P.S. Case no.457 of 2021.

v. Saraiya P.S. Case No.99 of 2021.

vi. Saraiya P.S. Case No.264 of 2023.

(Dr. Anshuman, J.) Prakashmani/- U T