Bholu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43212 of 2023 Arising Out of PS. Case No.-149 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== Bholu Kumar Son Of Suraj Roy Resident Of Village -BASANT Bihar Newalal Chowk, Ps- K. Hat,(Maranga), Distt- Purnia ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Jha For the Opposite Party/s :
Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 394 of the Indian Penal Code.
As per prosecution case, the allegation against unknown miscreants is that they intercepted the informant and snatched his motorcycle and other articles and fled away.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has got
Patna High Court CR. MISC. No.43212 of 2023(3) dt.28-07-2023 2/3 no criminal antecedent. Neither the petitioner is named in the FIR nor he was put on TIP. It is further submitted that nothing has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 05.02.2023. Moreover, other similarly situated co-accused has been granted privilege of bail by a coordinate Bench of this Court vide order dated 14.07.2023 passed in Cr. Misc. No. 41613 of 2023.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail after framing of charge, if charge has not been framed as yet. The above named petitioner is directed to be released on bail in connection with K Hat (Sahayak) P.S. Case No. 149 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with
Patna High Court CR. MISC. No.43212 of 2023(3) dt.28-07-2023 3/3 two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea. (Sunil Kumar Panwar, J) Shageer/- U T