Arun Kumar @ Arun Nat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47305 of 2024 Arising Out of PS. Case No.-1256 Year-2022 Thana- BIHTA District- Patna ====================================================== Arun Kumar @ Arun Nat S/o Raju Nat R/o Village Bardiha, P.S. Nasriganj, District Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwari, Advocate For the Opposite Party/s :
Mr. Arun Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 31-08-2024 Heard the parties.
2. The petitioner seeks bail in connection with Bihta P.S. Case No. 1256 of 2022 registered for the offence under Section 392 of the Indian Penal Code.
3. The petitioner is not named in the F.I.R. and is in custody since 06.03.2024.
4. The allegation against this petitioner is to commit robbery alongwith other unknown co-accused persons in the shop of informant and while committing so taken away golden jewelry having value about 10-15 lacs and also cash of about Rs. 2 lacs belongs to informant.
5. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.47305 of 2024(2) dt.31-08-2024 2/3 petitioner submitted that the name of petitioner surfaced during the course of investigation on the basis of confessional statement of co-accused, namely, Bhola Singh, where nothing incriminating surfaced/recovered, which may connect petitioner with present occurrence of robbery. It is submitted that motorcycle, which alleged to be used in present occurrence does not belong to this petitioner. It is submitted that petitioner was not put on TIP, as yet. While concluding the argument, it has been submitted that petitioner found involved in eight criminal cases and for suspicion arising out of said criminal antecedent is also one of the reason for implicating petitioner with present case, where in all previous cases, the name of the petitioner surfaced on the basis of confessional statement as of present case, having no evidence under law.
6. It is further submitted that the investigation of this case is completed, for which charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.
7. Learned APP opposes the prayer of bail.
Patna High Court CR. MISC. No.47305 of 2024(2) dt.31-08-2024 3/3
8. Considering the facts and circumstances as mentioned above, as save and except confessional statement, nothing incriminating appears against this petitioner to connect with present occurrence on its face, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 06.03.2024, accordingly the petitioner, above named, is directed to be released on bail in connection with Bihta P.S. Case No.1256 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Danapur, Patna/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/Section 480(3) of the B.N.S.S.
(Chandra Shekhar Jha, J) Neha/- U T