Kuldeep Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51871 of 2021 Arising Out of PS. Case No.-253 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== KULDEEP KUMAR Son of Kanahiya Mahto Resident of Village- Bajalpura, Ward No.12, P.S.- Teghra, Dist- Begusarai.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Sumiran Rai For the Opposite Party/s :
Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-04-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Barauni (Gadahara) Police Station Case No. 253 of 2020, registered for the offences punishable under Section 392 of the Indian Penal Code.
The prosecution case, as per the First Information Report, is that three miscreants intercepted the informant and snatched the motorcycle, mobile phone and purse of the informant.
Learned Counsel for the petitioner submits that the First Information Report has been lodged against unknown and the petitioner has been implicated in this case on the basis of the confessional statement of co-accused Chandan Kumar, who has
Patna High Court CR. MISC. No.51871 of 2021(2) dt.15-04-2022 2/3 been granted bail by co-ordinate Bench of this Court, vide order passed in Criminal Misc. No. 14176 of 2021. He further submits that no looted article and/or incriminating material has been recovered from the possession of the petitioner and he has also not been put on Test Identification Parade. He further submits that the petitioner is in custody since 18.02.2021, having no criminal antecedent and charge sheet has been submitted and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence.
Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that no incriminating material has been recovered from the possession of the petitioner, similarly situated co-accused person has been granted bail by this Court, charge sheet has already been submitted and the petitioner is in custody since 18.02.2021, having no criminal antecedent, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.
Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with
Patna High Court CR. MISC. No.51871 of 2021(2) dt.15-04-2022 3/3 Barauni (Gadahara) Police Station Case No. 253 of 2020. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √