Patna High CourtCR. MISC./47061/2024bail granted

Aman Kumar @ Golu v. The State Of Bihar

2024-07-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47061 of 2024 Arising Out of PS. Case No.-4 Year-2024 Thana- PUSA District- Samastipur ====================================================== Aman Kumar @ Golu Son Of Rajesh Singh Resident Of Village - Punas, Ward No.-08, Post - Punas, Police Station - Karpurigram, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Pusa P.S. Case No. 04 of 2024, instituted for the offences punishable under Section 382 of the Indian Penal Code.

3. The prosecution case, in short, is that, 3-4 unknown miscreants assaulted the informant while he was going to his residence after collecting cash Rs. 82,260/-, thereafter, they ran away with the motorcycle and the said collected amount.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in F.I.R., name of

Patna High Court CR. MISC. No.47061 of 2024(2) dt.05-07-2024 2/2 the petitioner has transpired during course of the investigation. There is no eye witness of the said occurrence. The petitioner is in custody since 30.01.2024 and has got one criminal antecedent in which the petitioner is acquitted. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by this Court vide order dated 05.04.2024 passed in Cr. Misc. No. 25575 of 2024 and by a co-ordinate Bench of this court vide order dated 22.05.2024 passed in Cr. Misc. No. 33321 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, 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 Pusa P.S. Case No. 04 of 2024.

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