Sumit Kumar @ Brajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54939 of 2024 Arising Out of PS. Case No.-3 Year-2024 Thana- KACCHWA District- Rohtas ====================================================== Sumit Kumar @ Brajesh Kumar S/o- Surendra Kumar Singh VillageSundarpur Kuriya Arra Ps- Arra Muff. Dist-Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghunandan Kumar Singh, Adv :
Mr. Ashutosh Suman, Adv :
Mr. Riya Singh, Adv For the Opposite Party/s :
Mr. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Kachhawa P.S Case No. 03/2024 dated 09.01.2024 registered for the offence punishable u/s 395 of the Indian Penal Code.
3. As per the prosecution case, six unknown miscreants are alleged to have stopped the truck on the point of pistol and they assaulted the informant and took his mobile phone along with Rs. 4,700/-. They also assaulted Manoj Kushwaha and snatched his mobile phone along with Rs. 1,500/- and they fled away with the said truck loaded with
Patna High Court CR. MISC. No.54939 of 2024(2) dt.08-08-2024 2/3 paddy.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in this case merely on the basis of the confessional statement of the co-accused Om Prakash Singh. Nothing has been recovered from the conscious possession of the petitioner. The charge sheet has already been submitted against the petitioner. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 16.07.2024 passed in Cr. Misc. No. 45033 of 2024. The petitioner is accused in six other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 20.04.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. 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, Rohtas at Sasaram in connection with Kachhawa P.S
Patna High Court CR. MISC. No.54939 of 2024(2) dt.08-08-2024 3/3 Case No. 03/2024, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Jyoti/- U T