Pratush Kumar @ Pratush v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51344 of 2022 Arising Out of PS. Case No.-398 Year-2021 Thana- MURLIGANJ District- Madhepura ====================================================== Pratush Kumar @ Pratush, age about 20 years, Gender-Male, Son of Shashi Prasad Yadav, resident of Village Noulakhi P.S. Jankinagar, District Purnea. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Surya Narayan Yadav, Advocate For the Opposite Party :

Mr. Ajay Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through Virtual mode.

Learned counsel for the petitioner is directed to remove the defect (s), as pointed out by the office, within a period of four weeks.

The petitioner seeks bail in connection with Murliganj P.S. Case No. 398 of 2021 registered for the offence under Sections 307, 393/34 of the I.P.C. and Sections 25(1-b)a, 26, 27 and 35 of the Arms Act.

The prosecution case, in brief, is that on 14.11.2021 at about 6.00 P.M., four miscreants came on two motorcycles and two of them entered into the informant's fertilizer shop and tried to commit loot on the gun point and while committing loot, hurt was caused to the informant when he resisted the loot.

Patna High Court CR. MISC. No.51344 of 2022(2) dt.16-12-2022 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 06.01.2022. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has transpired in the present case on the basis of confessional statement of coaccused. The petitioner has not been put on T.I. Parade to ascertain his participation in the present case. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Madhepura, in connection with Murliganj P.S. Case No. 398 of 2021.

(Sudhir Singh, J) U.K./- U T