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Patna High CourtCR. MISC./39577/2023bail granted

Bittu Kumar @ Bittu Patel v. The State Of Bihar

2023-07-12Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39577 of 2023 Arising Out of PS. Case No.-105 Year-2023 Thana- BANIAPUR District- Saran ====================================================== Bittu Kumar @ Bittu Patel Son Of Madho Prasad Resident Of Village - Majhauli, P.S. - Baniyapur, Distt. - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Banipur P.S. Case No. 105 of 2023 dated 23.03.2023 registered for the offence punishable u/s 395 of the Indian Penal Code.

As per the prosecution case, six unknown miscreants boarded on two motorcycles snatched Rs. 52,020/-, ATM Card, PAN Card, Aadhar Card and driving license of the informant on the point of pistol and fled away.

Patna High Court CR. MISC. No.39577 of 2023(2) dt.12-07-2023 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in his selfconfessional statement. The petitioner is accused in four other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 25.03.2023.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Chapra at Saran in connection with Banipur P.S. Case No. 105 of 2023, with the condition :-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

Patna High Court CR. MISC. No.39577 of 2023(2) dt.12-07-2023 3/3 The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T