Patna High CourtCR. MISC./45460/2024bail granted

Harsh Raj @ Harsh Kumar @ Harsh Patel @ Harsh Rai v. The State Of Bihar

2024-07-03Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45460 of 2024 Arising Out of PS. Case No.-11 Year-2024 Thana- MITHANPURA District- Muzaffarpur ====================================================== Harsh Raj @ Harsh Kumar @ Harsh Patel @ Harsh Rai S/O Prakash Patel @ Prakash Kumar Patel Resident of mohalla- Maharazi Pokhar, PS- Nagar, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bela Singh, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Mithanpura P.S. Case No. 11 of 2024, G.R. No. 165 of 2024, instituted for the offences punishable under Sections 341, 342, 387, 379, 506/34 of the Indian Penal Code.

3. The prosecution case, in short, is that, while the son of the informant was on his way, he was accosted with three miscreants, who on the point of pistol forced the son of the informant to transfer a sum of Rs. 23,000/- via UPI. It is further alleged that the petitioner had snatched the keys of the motorcycle of the son of the informant and two days after the incident, the petitioner demanded ransom to the tune of Rs.

Patna High Court CR. MISC. No.45460 of 2024(2) dt.03-07-2024 2/3 1,00,000/- and threatened to face dire consequences.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. It is submitted that the stolen motorcycle has been recovered from the possession of co-accused Chhotu Kumar. The petitioner is in custody since 02.03.2024 and has got three criminal antecedents. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by this Court vide order dated 19.06.2024 passed in Cr. Misc. No. 41375 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mithanpura P.S. Case No. 11 of 2024, G.R. No. 165 of 2024, subject to the

Patna High Court CR. MISC. No.45460 of 2024(2) dt.03-07-2024 3/3 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 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T