Sandeep Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54706 of 2023 Arising Out of PS. Case No.-224 Year-2023 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Sandeep Kumar, Son of NandKishor Prasad, Resident of Village- Dheusa, P.S.- Sheikhpura, Distt- Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raja Ram Mishra, Adv.
For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 30-08-2023
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with Laheri P.S. Case No. 224 of 2023 dated 01.04.2023 registered for the offences punishable under Sections 147, 148, 149, 447, 427, 379 and 120(B) of the Indian Penal Code.
3. The main submissions advanced by learned counsel for the petitioner are that the petitioner is not named in the FIR and he has fair and clean antecedent and the FIR of the instant matter was lodged against 500 unknown persons who allegedly looted the informant's showroom and during course of investigation, the petitioner's name came into light on account of recovery of a cooler (Kenstar Hercules) from his house but the same was not looted by the petitioner and he revealed before the police that he found the cooler being lying on the road side in
Patna High Court CR. MISC. No.54706 of 2023(2) dt.30-08-2023 2/2 abandoned condition and against the petitioner, the investigation has been completed. It is further submitted that co-accused Rustam Kumar, from whose possession three looted mobile phones were stated to have been recovered, has been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No. 53626/2023 and in view of the nature of recovery of the alleged article, the petitioner's case stands on similar footing with the said co-accused.
4. Learned APP appearing for the State has opposed the bail prayer.
5. Considering the above submissions and mainly the petitioner's fair and clean antecedent and completion of investigation against him and also the fact that the FIR was lodged against 500 unknown persons, in my opinion the petitioner deserves to the privilege of bail. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Laheri P.S. Case No. 224 of 2023. (Shailendra Singh, J) annu/- U T