Bipin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45748 of 2022 Arising Out of PS. Case No.-54 Year-2022 Thana- NAGARNAUSA District- Nalanda ====================================================== Bipin Kumar Son of Bihaari Sharma R/v- Ladui, PS- Kharagpur, DistMunger at present resident of Mohalla- Nandlal Chhapra, Patna, P.SRamkrishna Nagar, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Prasad, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 30-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Nagarnausa P.S. Case No.54 of 2022 registered for the offence punishable under Section 392 of the Indian Penal Code. As per the prosecution, the informant was robbed by some unknown miscreants. Further, it was alleged that the accused persons looted a cash of Rs. 3,30,000/- and a mobile phone from the possession of the informant.
The main submissions advanced by the learned
Patna High Court CR. MISC. No.45748 of 2022(2) dt.30-11-2022 2/3 counsel Mr. Sanjay Prasad appearing for the petitioner are that the petitioner has fair and clean antecedent and he is not named in the FIR and the instant matter relates to loot of Rs. 3,30,000/- and during the course of investigation the investigating officer recovered Rs. 2,80,000/- from the house of the informant himself and thereafter the informant was arrested with an allegation of giving false information regarding the alleged occurrence with an intention to cheat the bank where he was posted and in this regard the copy of the conclusion made by the investigating officer has been filed before this Court and moreover one similarly situated co-accused Monu Kumar has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 43720 of 2022.
Learned APP Mr. Manoj Kumar appearing for the State has opposed the bail prayer.
Having regard to the facts and circumstances of this case, considering the above submissions and mainly taking into account the above-mentioned conclusion of the police officer regarding the false information having been given by the informant himself in respect of the alleged occurrence of loot concerned to the present case and also taking into account the petitioner's clean antecedent and his custody period, in the
Patna High Court CR. MISC. No.45748 of 2022(2) dt.30-11-2022 3/3 opinion of this Court, a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Nagarnausa P.S. Case No. 54 of 2022.
(Shailendra Singh, J.) Prashant/- U T