Patna High CourtCR. MISC./44907/2024allowed

Nirbhay Kumar v. The State Of Bihar

2024-07-05Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44907 of 2024 Arising Out of PS. Case No.-401 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== Nirbhay Kumar, S/O Kamta Singh, R/O Village- Jurawan Gopalpur, P.SBidupur, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aashi Wats, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Bidupur P.S. Case No.401 of 2023 registered under Section 392 of the I.P.C. but charge sheet was submitted under Sections 395 and 412 of the I.P.C.

3. As per prosecution case, on the alleged date of occurrence while the informant reached near Kutubpur Chowk with his auto, four miscreants including petitioner intercepted the auto and on the gun point, they looted away cash of Rs.92,010/- from the informant and also cash of Rs.20,000/- and one mobile from the companion of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.44907 of 2024(2) dt.05-07-2024 2/2 case. The name of the petitioner transpired in the confessional statement of the co-accused Deepak Kumar who has already been granted regular bail by this Court vide order dated 10.05.2024 passed in Cr. Misc. No. 80865 of 2023. The petitioner is in custody since 15.07.2023. The charge sheet has already been submitted and there is no chance of absconding by petitioner or tampering with the evidence. Petitioner has no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the above facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Vaishali at Hajipur in connection with Bidupur P.S. Case No.401 of 2023.

(Sunil Dutta Mishra, J) khushbu/- U T