Bishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36120 of 2025 Arising Out of PS. Case No.-225 Year-2024 Thana- AMAS District- Gaya ====================================================== Bishal Kumar S/o- Pramod Das Village- Devanchak Mangrawa Ps- Guraru Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Javed Jafar Khan, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Amas P.S. Case No. 225 of 2024 instituted for the offence under Sections 304(2) of the Bharatiya Nyaya Sanhita, 2023. 3.

As per prosecution case, two unknown motorcycle riders snatched a bag containing cash of Rs. 1.60 lakh from the possession of the informant and fled away.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30-09-2024. Petitioner bears five criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.36120 of 2025(2) dt.16-06-2025 2/3 counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused and the same has no evidentiary value in the eye of law. Nothing has been recovered from the possession of the petitioner. Other co-accused has been granted bail by a Coordinate Bench of this Court vide order dated 14-05-2025, passed in Cr. Misc. No. 9721 of 2025.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner 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 Amas P.S. Case No. 225 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on

Patna High Court CR. MISC. No.36120 of 2025(2) dt.16-06-2025 3/3 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T