Badal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56180 of 2024 Arising Out of PS. Case No.-57 Year-2023 Thana- CHAORI District- Bhojpur ====================================================== Badal Kumar Son Of Rajesh Kumar @ Rajesh Singh Resident Of Village - Saidanpur, Police Station - Tarari, District - Bhojpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Section 394 of the Indian Penal Code, registered in connection with Chaori P.S. Case No. 57 of 2023.

3. As per prosecution case, when the informant went for his house after closing his shop, in the meantime, some unknown persons came on motorcycle and looted the bag of the informant containing jewellery.

4. The learned counsel for the petitioner has submitted that he has been falsely implicated in this case and has committed no offence. Petitioner is not named in the FIR and

Patna High Court CR. MISC. No.56180 of 2024(2) dt.19-08-2024 2/2 the same has been lodged against unknown person. He submitted that except confessional statement of the petitioner, there is nothing against him to show his complicity in the alleged occurrence and the said confession is not leading to recovery. No T.I. Parade has been done. No incriminating/stolen article has been recovered from the conscious possession of the petitioner. Petitioner is in custody since 27.04.2024.

5. Learned APP for the State has opposed the prayer of bail.

6. Considering the above facts and circumstances of the case and especially the fact that nothing was recovered on the confessional statement of the petitioner, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Bhojpur at Ara in connection with Chaori P.S. Case No. 57 of 2023, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

(Nawneet Kumar Pandey, J) Arish/- U T