Anis Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54302 of 2024 Arising Out of PS. Case No.-108 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== Anis Kumar son of Horil Prasad @ Horil Bhagat Resident of Village - Basudev Chapra, P.S.- Minapur, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Arvind Kumar Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-07-2024 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. 2.

The petitioner seeks regular bail in connection with Minapur P.S. Case No. 108 of 2019, registered for the offences punishable under Section 392 of the Indian Penal Code.

3.

The case of the prosecution, in brief, is that unknown miscreants had arrived at the place of occurrence and surrounded the vehicle of the informant and on pistol point, had snatched a sum of Rs. 16,000/- and some other articles.

4.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case inasmuch as he was

Patna High Court CR. MISC. No.54302 of 2024(2) dt.26-07-2024 2/3 remanded in the present case after being arrested in one another criminal case and merely on account of the fact that the petitioner is having a bad antecedent, the petitioner is being implicated falsely, one after the other, in various criminal cases. It is also submitted that neither any Test Identification Parade has been held so as to connect the petitioner with the alleged crime nor any recovery of the looted cash amount has been made from the petitioner nor the petitioner is named in the FIR, hence a sympathetic view be taken and the petitioner be granted the privilege of bail, more so for the reason that similarly situated co-accused person, on whose confessional statement, the name of the petitioner has transpired in the present case, has already been granted bail by this Court by an order dated 05.03.2021 passed in Criminal Misc. No. 35997 of 2020.

5.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the

Patna High Court CR. MISC. No.54302 of 2024(2) dt.26-07-2024 3/3 petitioner and taking into account the materials available on record as also considering the fact that neither any Test Identification Parade has been held so as to connect the petitioner with the alleged crime nor any recovery of the looted cash amount has been made from the petitioner, apart from the fact that similarly situated co-accused person has already been granted the privilege of bail by this Court, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

7.

Accordingly, the petitioner, above named, is directed to 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 learned Judicial Magistrate-1st Class (East), Muzaffarpur in connection with Minapur P.S. Case No. 108 of 2019.

(Mohit Kumar Shah, J) S.Sb/- U T