Prashant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39084 of 2023 Arising Out of PS. Case No.-87 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Prashant Kumar S/o Ajay Kumar Chaudhary R/O Village- Pipra Asli, P.O And Ps. Sahebganj, Dist. Muzaffarpur ... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Kuchaikote P.S. Case No. 87 of 2023 registered for the offence under Sections 399, 402, 412/34 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 20.02.2023.

The allegation against the petitioner is to involve in preparation for dacoity alongwith other co-accused persons, where some co-accused persons were alleged to be found in possession of knife and firearms.

Patna High Court CR. MISC. No.39084 of 2023(2) dt.05-07-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced on the basis of disclosure made by co-accused, namely, Banti Pandey, where petitioner appears to be arrested from different place, not from the spot. It is submitted that save and except disclosure as made by co-accused Banti Pandey, nothing surfaced during the course of investigation, which may connect petitioner with present preparation for committing dacoity. It is submitted that no incriminating materials recovered from the possession of this petitioner suggesting allegation. It is also submitted that similarly situated co-accused, namely, Prem Kumar has already granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No.

25541 of 2023 dated 23.05.2023. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above as save and except disclosure of co-accused, nothing incriminating material appears during the course of investigation to connect petitioner prima facie with the present

Patna High Court CR. MISC. No.39084 of 2023(2) dt.05-07-2023 3/3 allegation of preparation for committing dacoity, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 20.02.2023, accordingly, petitioner above named, is directed to be released on bail in connection with Kuchaikote P.S. Case No. 87 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. I, Gopalganj/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) veena/- U T