Anuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54684 of 2024 Arising Out of PS. Case No.-74 Year-2024 Thana- KRITYANAND NAGAR District- Purnia ====================================================== Anuj Kumar S/o- Punpun Sharma Milki Tola Parora ward no 05, K. Nagar, Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Fazle Karim, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with K. Nagar P.S. Case No. 74 of 2024 instituted for the offence under Section 394 of the Indian Penal Code and in which Section 411 of the IPC was added later on.

3.

Prosecution case as emanated from the FIR is that three unknown miscreants have looted the motorcycle and mobile of the informant, while he was going to Khushkibagh. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 08-02-2024. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.54684 of 2024(3) dt.13-11-2024 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired during course of investigation. Learned counsel next submits that petitioner was not put on T.I. Parade. It is alleged that motorcycle was recovered from the petitioner's possession. It is lastly submitted that charge sheet has been submitted in this case. There is no compliance of Section 100 of the Cr.P.C.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with K. Nagar P.S. Case No. 74 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the

Patna High Court CR. MISC. No.54684 of 2024(3) dt.13-11-2024 3/3 family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U