Balkrishna Bhardwaj @ Balajee @ Shivam Kumar @ Bal Krishna Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63532 of 2024 Arising Out of PS. Case No.-208 Year-2023 Thana- KAMTAUL District- Darbhanga ====================================================== Balkrishna Bhardwaj @ Balajee @ Shivam Kumar @ Bal Krishna Thakur Manoj Thakur @ Manoj Kr Thakur @ Manoj Kumar Thakur VillageRatanpur Abhiman Ps- Kamtaul Dist- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar, Adv For the Opposite Party/s :
Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Kamtaul P.S. Case No. 208 of 2023 lodged on 20.09.2023, under Sections 399/402/307/120B/201 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution, F.I.R. has been lodged against five named accused persons including the present petitioner with allegation that they have gathered to commit dacoity and when police apprehended them they started firing indiscriminately in which one person has been injured.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel
Patna High Court CR. MISC. No.63532 of 2024(2) dt.04-09-2024 2/3 also submits that entire story of prosecution is false and fabricated and no body got injured. Moreover, allegation of planning of theft/dacoity is there which is not an offence under Section 399 of the I.P.C. Counsel further submits that no arms has been recovered which is apparent from the seizure list. Counsel further submits that petitioner is in custody since 01.05.2024 having 12 antecedents in which he is on bail. He further submits that one co-accused has been granted bail by this Court vide order dated 20.07.2024 passed in Cr. Misc. No. 45919 of 2024.
5. Learned APP for the State opposes the prayer for bail and submits that at the time of granting bail, antecedent of the petitioner shall be taken into consideration.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail after framing of charge, if the charge is not framed yet as well as on being satisfied by the Trial Court that petitioners is not absconding in any of the cases mentioned below and on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- 1st Class, in connection with Kamtaul P.S. Case No. 208 of 2023 subject
Patna High Court CR. MISC. No.63532 of 2024(2) dt.04-09-2024 3/3 to the condition laid down under Section 437(3) of the Cr.P.C. • Kamtaul P.S. Case No. 65 of 2018 • Kamtaul P.S. Case No. 107 of 2018 • Kamtaul P.S. Case No. 215 of 2018 • Kamtaul P.S. Case No. 132 of 2019 • Simri P.S. Case No. 152 of 2020 • Simri P.S. Case No. 150 of 2020 • Sinhwara P.S. Case No. 143/2020 • Sinhwara P.S. Case No. 183/2020 • Sinhwara P.S. Case No. 195/2020 • Jale P.S. Case No. 66/2019 • L.N.M.U. P.S. Case No. 48/2018 • Kamtaul P.S. Case No. 93/2024 (Dr. Anshuman, J) Sunnykr/- U