Bhikhari Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44172 of 2022 Arising Out of PS. Case No.-122 Year-2021 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Bhikhari Kumar Son of Rambadan Singh Resident of Village - Pahsara, P.S.- Nawkothi, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arjun Prasad, Advocate For the Opposite Party/s :
Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual Court proceedings.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Nawkothi P.S. Case No. 122 of 2021 registered for the offence under Sections 399, 402, 414 I.P.C. and 25(1-b)a, 26, 35 of the Arms Act.
The accused/petitioner is named in the F.I.R. and is in custody since 28.08.2021.
The allegation against the petitioner is to participate in preparation for dacoity along with other co-accused persons.
Patna High Court CR. MISC. No.44172 of 2022(2) dt.25-11-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that petitioner was falsely implicated in present case. It is further submitted that as petitioner found involved in 6 more criminal cases, his name surfaced in present case also due to suspicion arises from his criminal antecedents. It is also submitted that no incriminating material was recovered from the possession of this petitioner, which may suggest his alleged participation for preparation of dacoity. It is also submitted that similarly situated co-accused person namely, Shubham Kumar has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 11882 of 2022 vide order dated 13.07.2022. While concluding the argument, it has been submitted that investigation of this case is complete, where charge-sheet has been submitted, as such, there is no chance of tempering with the evidence.
Learned APP, opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as no incriminating material was recovered from the possession of this petitioner, which may suggest that the petitioner was participating in preparation for dacoity coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in
Patna High Court CR. MISC. No.44172 of 2022(2) dt.25-11-2022 3/3 connection with Nawkothi P.S. Case No. 122 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sri Rajiv Ranjan J.M. 1st class, Begusarai/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) Archana/- U T