Patna High CourtCR. MISC./60565/2024bail granted

Saurabh Kumar @ Polu v. The State Of Bihar

2024-09-13Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60565 of 2024 Arising Out of PS. Case No.-313 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== Saurabh Kumar @ Polu S/O Late Niraj Singh Resident of village- Vajitpur Pirauli, P.S- Teghra, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvottam Kumar, Advocate For the Opposite Party/s :

Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-09-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bachhwara P.S. Case no. 313 of 2022 registered under sections 392 and 397 of the Indian Penal Code.

3. As per the prosecution case, the informant states that four accused persons on a motorcycle on the point of pistol looted the informant of his mobile phone and other articles as described in the F.I.R.

4. Learned counsel for the petitioner submits that the F.I.R was registered against unknown. Referring to the order of the learned trial Court it is submitted that the petitioner was falsely implicated in the case in course of investigation in the

Patna High Court CR. MISC. No.60565 of 2024(2) dt.13-09-2024 2/3 confessional statement of the co-accused Nikesh Kumar @ Dhinda @ Chhotu @ Nikes Kumar @ Dinda who has himself been enlarged on bail vide order dated 10.5.2024 passed in Cr. Misc. no. 35312 of 2024. It is submitted that the prosecution is further relying on the confessional statement of the petitioner which is allegedly made before police, however not leading to any recovery. He is in custody since 17.5.2023 and the cause of his false implication is his antecedents. Charge-sheet has been submitted in the case.

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

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the name of the petitioner transpiring in the confessional statement of coaccused Nikesh Kumar @ Dhinda @ Chhotu @ Nikes Kumar @ Dinda who has himself been enlarged on bail vide aforesaid order dated 10.5.2024, no incriminating article having been recovered from the petitioner's possession, his not having been put on T.I parade together with having remained in custody for more than 1 year 3 months since 17.5.2023, the petitioner is directed to be enlarged on bail in connection with Bachhwara P.S. Case no. 313 of 2022, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.60565 of 2024(2) dt.13-09-2024 3/3 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai.

(Partha Sarthy, J) Harsh/- U T