Suresh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44063 of 2024 Arising Out of PS. Case No.-165 Year-2023 Thana- JALALGARH District- Purnia ====================================================== Suresh Das S/O Ganesh Das R/O Village- Narayanpur, P.S- Ashka, Distt.- Ganjam (Odisha).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Jalalgarh P.S. Case No. 165 of 2023 (G.R. No. 4682 of 2023) instituted for the offences under Section 392 of the Indian Penal Code.

3. As per prosecution case, three unknown miscreants snatched Rs. 1,00,000/- and key of the motorcycle from the Informant and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. as the same has been

Patna High Court CR. MISC. No.44063 of 2024(3) dt.09-08-2024 2/3 instituted against three unknown. On the basis of confessional statement recorded in K. Hat P.S. case No. 1101 of 2023, the petitioner has been remanded in four other cases including the present one. Except confession and two others in the aforesaid K. Hat P.S. Case No. 1101 of 2023, there is no other cogent and incriminating material available against the petitioner in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no concern with the alleged occurrence. No Test Identification Parade has been held in the present case. The petitioner has been remanded in the present case on 12.12.2023 from K. Hat P.S. Case No. 1101 of 2023 and, since then, he is in custody. Charge-sheet has been submitted in this case.

5. Learned counsel for the petitioner again submits that the co-accused namely Pappu Ray has been granted bail by this Court vide order dated 24.07.2024 passed in Cr. Misc. No. 48077 of 2024.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard rival contention of both the parties

Patna High Court CR. MISC. No.44063 of 2024(3) dt.09-08-2024 3/3 and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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 Jalalgarh P.S. Case No. 165 of 2023 (G.R. No. 4682 of 2023).

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