Mohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51027 of 2024 Arising Out of PS. Case No.-623 Year-2023 Thana- PAKARIBARAW District- Nawada ====================================================== Mohit Kumar, aged about 22 years, Male, Son of Late Upendra Prasad Singh @ Late Upendra Prasad, Resident of Vill- Dosut, P.S.- Warisaliganj, DistrictNawada. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Uday Kumar, Advocate For the Opposite Party :

Mr. Surendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Pakaribaraw P.S. Case No. 623 of 2023 dated 24.12.2023 registered for the offences punishable under Section 394 of the I.P.C. Later on, Sections 395, 412 and 212/34 of the I.P.C. were also added.

3. As per the prosecution case, four unknown miscreants boarded on two motorcycles overtook the informant and his villager and forcibly looted Rs. 23,000/-, two mobiles, container machine for treatment of animal, medicines alongwith his motorcycle on the point of pistol and fled away from the spot.

Patna High Court CR. MISC. No.51027 of 2024(2) dt.01-08-2024 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner is not named in the F.I.R. His name has surfaced in the present case during the course of investigation only on the basis of suspicion that he has past criminal antecedent. No incriminating article has been recovered from the possession of the petitioner. The petitioner has no concern with the alleged offence. The other co-accused persons Pandav Kumar and Saurabh Kumar have already been granted bail by a Bench of this Court vide Cr. Misc. No. 33291 of 2024 under order dated 08.05.2024 and Cr. Misc. No. 38923 of 2024 under order dated 18.07.2024 respectively. The petitioner has three criminal antecedents in which he is on bail which are not related with the same nature of offence as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 05.01.2024.

5.Learned A.P.P. for the State has opposed the prayer for bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.51027 of 2024(2) dt.01-08-2024 3/3 the learned J.M. Ist Class, Nawada in connection with Pakaribaraw P.S. Case No. 623 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T