Bipin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38832 of 2024 Arising Out of PS. Case No.-74 Year-2022 Thana- SINGHESHWAR District- Madhepura ====================================================== BIPIN KUMAR SON OF SUDESHWAR CHAUHAN Resident of Village - Rupauli Tola, Ward No. 02, Police Station - Gamhariya, District - Madhepura ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumari Rashmi, Adv.
For the Opposite Party/s :
Mr.Rana Randhir Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 504, 506, 34 of the Indian Penal Code and later on Section 392 of I.P.C. was added.
3. The prosecution story, in brief, is that on 23.03.2022 at about 11:00 hours, while the informant's cousin sister Mamta Devi proceeded to her Sasural (Purnea) after performing her marriage along with her husband by an Alto car, on way, covillager Ravi Chauhan along with four unknown persons made stopped the alleged Alto Car and started abusing them and also looted the jewellery as well as cash of Rs. 80,000/- from their possession.
Patna High Court CR. MISC. No.38832 of 2024(2) dt.10-07-2024 2/3
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and he has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. It is further submitted that the FIR was lodged against one person, namely, Ravi Chauhan and four unknown persons. The petitioner is neither named in the FIR nor anything has been recovered from his possession or his house. His name has been transpired in the present case during investigation merely on suspicion. He further submits that during the course of investigation, not a single witness has named the petitioner. Petitioner has three criminal antecedents as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case, as not a single witness has named the petitioner as accused in the present case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.38832 of 2024(2) dt.10-07-2024 3/3 satisfaction of the learned Court below where the case is pending/successor Court in connection with Singheshwar P.S. Case No. 74 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T