Patna High CourtCR. MISC./60773/2023allowed

Kapildeo Kumar @ Kapal v. The State Of Bihar

2023-09-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60773 of 2023 Arising Out of PS. Case No.-205 Year-2023 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Kapildeo Kumar @ Kapal S/O- Anil Singh R/O- Village- Mosadpur, Ward No.- 11 P.S.- Barauni (REFINERY O.P.) Dist.- Begusarai. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Amar Kumar Singh For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 379 of the IPC and later on added Section 392 of the Indian Penal Code.

3. As per prosecution case, two unknown miscreants came on white colour motorcycle and snatched the mobile of the informant and fled away.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the

Patna High Court CR. MISC. No.60773 of 2023(2) dt.22-09-2023 2/2 basis of suspicion and due to his criminal antecedents. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. It is further submitted that he is languishing in judicial custody since 04.04.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Begusarai Town P.S. Case No. 205 of 2023. (Sunil Kumar Panwar, J) Manishkr/- U T