Patna High CourtCR. MISC./48741/2023bail granted

Rohit Kumar v. The State Of Bihar

2023-08-09Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48741 of 2023 Arising Out of PS. Case No.-72 Year-2023 Thana- CIVIL LINE District- Gaya ====================================================== ROHIT KUMAR SON OF PARSURAM MALAKAR VILL ABGILA DEVI STHAN, PS- MUFFASIL, DIST- GAYA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kr Singh No.1 For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Civil Lines P.S. Case No. 72 of 2023 dated 30.1.2023 registered for the offence punishable u/s 392 of the Indian Penal Code.

4. As per the prosecution case, three unknown miscreants are alleged to have snatched the mobile and Rs. 500/- from the pocket of the informant.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.48741 of 2023(2) dt.09-08-2023 2/3 that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR. His name has sprung up in the confessional statement of the co-accused. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 24.6.2023 passed in Cr. Misc. No. 36728 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.2.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to 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 learned Court concerned, Gaya in connection with Civil Lines P.S. Case No. 72 of 2023.

Patna High Court CR. MISC. No.48741 of 2023(2) dt.09-08-2023 3/3

8. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T