Patna High CourtCR. MISC./35096/2023bail granted

Jyotish Kumar v. The State Of Bihar

2023-06-24Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35096 of 2023 Arising Out of PS. Case No.-266 Year-2022 Thana- CHAUSA District- Madhepura ====================================================== Jyotish Kumar, (male) aged about 21 years, S/o Lal Bahadur Singh, Resident of Village- Laualagan, P.S. Chousa, District Madhepura. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Learned counsel for the petitioner seeks permission to correct the date of custody, mentioned in paragraph no. 13 of the bail petition in course of the day.

3. Permission is granted.

4. The petitioner seeks bail in connection with Chousa P.S. Case No. 266 of 2022 dated 23.11.2022, instituted for the offences punishable under Sections 392, 414 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 37(b) of the Arms Act.

5. The case of prosecution in short is that on 23.11.2022 three unknown miscreants on motorcycle stopped the informant and asked him to handover everything in his possession on gunpoint and in the meanwhile other co-accused snatched a Note of Rs. 500/- (Five Hundred), Aadhar Card,

Patna High Court CR. MISC. No.35096 of 2023(2) dt.24-06-2023 2/2 A.T.M. Card and other documents and tried to run away. It is further alleged that on shouting villagers tried to catch them but two co-accused persons fled away while the petitioner was caught with loaded pistol in his possession.

6. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. It is submitted that another co-accused, namely, Chotu Kumar has been granted bail by the Court below vide B.P. No. 106 of 2023 on 16.02.2023. Lastly, it has been submitted that the petitioner is in custody since 24.11.2022 has no criminal antecedents and charge-sheet has been submitted in the case.

7. Learned A.P.P. has opposed the prayer for bail of the petitioner.

8. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Udakishunganj, Madhepura in Chousa P.S. Case No. 266 of 2022.

(Khatim Reza, J) shanu/- U T