Bikesh Kumar @ Bikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47416 of 2021 Arising Out of PS. Case No.-49 Year-2021 Thana- PHULWARIA District- Begusarai ====================================================== BIKESH KUMAR @ BIKASH KUMAR Son of Bagru Singh Resident of Village - Madhurapur Bichla Tola, Ward No.25, P.S.- Teghra, Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar no.1, Advocate For the Opposite Party/s :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-04-2022 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 386 and 34 of the Indian Penal Code.
As per the prosecution case, three accused persons on the point of pistol are stated to have robbed the informant of the articles mentioned in the FIR. It is further stated that they assaulted the informant with the butt of a pistol. It is submitted by learned counsel for the petitioner that the FIR was registered against three unknown. Referring to the material that has transpired in course of investigation as also the order of the learned Court below it is submitted that the prosecution is mainly relying on the accused persons having
Patna High Court CR. MISC. No.47416 of 2021(3) dt.11-04-2022 2/2 been identified by a spy in the CCTV footage together with the confession of the petitioner made before police. Contrary to the allegation no incriminating article has been recovered from the petitioner's possession who is in custody since 11.4.2021 and charge sheet has been submitted in the case.
Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the nature of allegation, charge sheet having been submitted in the case and the petitioner having remained in custody for 1 year, the Court directs the petitioner to be enlarged on bail in connection with Phulwariya P.S. Case no. 49 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai. (Partha Sarthy, J) Prakash/- U