Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56637 of 2024 Arising Out of PS. Case No.-1150 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== Suraj Kumar Son of Krishna Yadav @ Krishan Yadav R/V- Village- Sanaut (Sonaut), P.S.- Muffasil, Distt.- Gaya (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Muffasil P.S. Case No. 1150 of 2023 instituted for the offences under Sections 341, 323, 307, 379 and 504/34 of the Indian Penal Code.
3. As per prosecution case, while the Informant was on his way, he was accosted with the co-accused persons including the petitioner and assaulted him by means of pistol, knife, iron rod and snatched Rs. 10,000/- from him and fled away.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.
Patna High Court CR. MISC. No.56637 of 2024(3) dt.30-08-2024 2/3 He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. There is a case and counter case between the parties. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no concern with the alleged occurrence. The Infomant has not received any injury at the hands of the petitioner. The petitioner has no criminal antecedent and is languishing in judicial custody since 24.05.2024 without any rhymes or reason.
5. Learned counsel for the petitioner again submits that the co-accused namely Vikram Yadav @ Vikram Kumar has been granted bail by this Court vide order dated 31.07.2024 passed in Cr. Misc. No. 37017 of 2024.
6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, 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
Patna High Court CR. MISC. No.56637 of 2024(3) dt.30-08-2024 3/3 Court in connection with Muffasil P.S. Case No. 1150 of 2023. (Rudra Prakash Mishra, J) rishi/- U T