Patel Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45869 of 2024 Arising Out of PS. Case No.-25 Year-2024 Thana- JAIPUR District- Banka ====================================================== Patel Kumar Son Of Chandu Yadav Village- Marar Kurawa, P.S.- Banka, Distt.- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Jaipur P.S. Case No. 25 of 2024 instituted for the offence under Section 392 of the Indian Penal Code.

3.

Prosecution case in short is that informant was accosted with four unknown miscreants, who on the point of pistol, taken away the motorcycle of the informant. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 12-04-2024. Petitioner bears one clean antecedent, as per disclosure made in paragraph No.3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.45869 of 2024(3) dt.09-08-2024 2/2 counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has surfaced in this case during course of investigation. It is alleged that recovered is made from the house of the petitioner. It is lastly submitted that charge sheet has already been submitted in this case. Other co-accused has been granted bail by this Court vide order dated 10-07-2024, passed in Cr. Misc. No. 48301 of 2024.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jaipur P.S. Case No. 25 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T