Patna High CourtCR. MISC./54475/2021bail granted

Umesh Kumar v. The State Of Bihar

2022-02-15Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54475 of 2021 Arising Out of PS. Case No.-77 Year-2021 Thana- BARURAJ District- Muzaffarpur ====================================================== Umesh Kumar S/o Rameshwar Singh R/o Village- Chatarpatti, P.S.- Baruraj, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-02-2022 Heard learned counsel for the petitioner and Mr. Md. Nazir Ansari, learned A.P.P. for the State through virtual court proceedings.

The petitioner seeks bail in connection with Baruraj P.S. Case No. 77 of 2021 instituted for the offences under Section 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 07.06.2021, charge-sheet has been submitted in the case and has antecedent of one case as mentioned in paragraph '3' of the bail application. Learned counsel for the petitioner submits that allegation is of looting Rs. 20,255/- along with various articles from the informant by four unknown criminals as detailed in the F.I.R.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.54475 of 2021(2) dt.15-02-2022 2/2 F.I.R. is against unknown and the name of this petitioner transpired in the confessional statement of Avinash Kumar before the police which has no evidentiary value, the petitioner has not been put on T.I.P. nor any incriminating article was recovered from his possession. It is further submitted that coaccused Shailendra Kumar Thakur @ Shailendra Kumar Takur has been granted bail vide order dated 15.02.2022 passed in Cr. Misc. No. 54048 of 2021.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 07.06.2021, charge-sheet has been submitted in the case and the co-accused on whose confessional statement his name transpired has been granted bail, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Shri Mahendra Mishra, learned J.M., 1st Class, Muzaffarpur in connection with Baruraj P.S. Case No. 77 of 2021.

(Satyavrat Verma, J) Rishi/- U T