Patna High CourtCR. MISC./36503/2023bail granted

Basant Kumar v. The State Of Bihar

2023-06-24Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36503 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- HATHAURI District- Samastipur ====================================================== Basant Kumar S/O Singheshwar Mandal, R/O Village- Bahadurpur, P.S.- Hathauri, Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-06-2023 Let the defect, if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Hathauri P.S. Case No. 11 of 2023 dated 18.01.2023 lodged under Section 392 of the I.P.C.

4. As per the allegation, F.I.R. has been lodged against one known and three unknown accused persons and petitioner's name has not been disclosed.

5. Learned counsel for the petitioner submits that name of the petitioner has figured in this case by virtue of the confessional statement of Sintu Kumar. He further submits that neither recovered from the possession of the petitioner nor he

Patna High Court CR. MISC. No.36503 of 2023(2) dt.24-06-2023 2/2 was put on T.I.P.. Counsel further submits that antecedent of the petitioner is clean, he is in custody since 19.01.2023 and charge sheet has already been filed in this case. Counsel further submits that named accused Sintu Kumar has been granted bail by the Co-ordinate Bench of this Court vide order dated 24.05.2023 passed in Cr. Misc. No. 26943 of 2023. Counsel further submits that the allegation under which F.I.R. has been lodged is Magisterial triable.

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 on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Ist Class, Rosera, Samastipur in connection with Hathauri P.S. Case No. 11 of 2023, subject to the conditions as laid down under Section 437(3) of Cr.P.C..

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