Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59761 of 2022 Arising Out of PS. Case No.-88 Year-2022 Thana- AIRPORT District- Patna ====================================================== BABLU KUMAR Son of Ajay Vishkarma R/o Shah Rampur P.S- Naubatpur, Dist- Patna A/P Rukanpura Baily road, P.S- Hawaiadda, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Jiban Pd. Singh, Advocate For the Opposite Party/s :

Mr.Rajesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Hawaiadda P.S. Case No. 88 of 2022, registered for the offences punishable under Sections 356 and 379 of the Indian Penal Code. The allegation is regarding unknown miscreants having snatched gold chain of the informant, whereafter the miscreants had fled away.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 11.06.2022. The

Patna High Court CR. MISC. No.59761 of 2022(2) dt.20-01-2023 2/3 learned counsel for the petitioner has further submitted that after the petitioner was arrested in one another case, he has been remanded in the present case, however, he is on bail in the said case. It is also submitted that though the gold chain in question has been recovered from the house of the petitioner, however, considering the period of incarceration, a sympathetic view be taken.

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

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

Patna High Court CR. MISC. No.59761 of 2022(2) dt.20-01-2023 3/3 sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XI, Patna in connection with Hawaiadda P.S. Case No. 88 of 2022.

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