Bhola Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66767 of 2021 Arising Out of PS. Case No.-771 Year-2019 Thana- KANTI District- Muzaffarpur ====================================================== BHOLA KUMAR Son of Naresh Bhagat Resident of Village - Rusulpur Dih Pakohi, P.S. - Karja, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur, Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-12-2021 Heard Mr. Hari Kishore Thakur, learned counsel for the petitioner and Mr. Yogendra Kumar Singh, learned Additional Public Prosecutor for the State.

Petitioner renews his prayer for bail in connection with Kanti PS Case No. 771/2019 registered for the offence punishable under Sections 392 of the Indian Penal Code and 27 of the Arms Act inasmuch as earlier bail application of the petitioner was dismissed as withdrawn vide order dated 13.11.2020 passed in Cr. Misc No. 24367/2020 (Annexure-1) with liberty to renew his prayer for bail after six months. The prosecution case, in brief, is that the informant was intercepted by three unknown persons and on the point of gun, the miscreants snatched a bag containing Rs. 80,000/- and key of the motorcycle from the informant and fled away. Learned counsel for the petitioner submits that petitioner is not named in the FIR and after petitioner was arrested in connection with Kanti PS Case No. 831/2019, he has

Patna High Court CR. MISC. No.66767 of 2021(2) dt.01-12-2021 2/2 been remanded in this case on 13.12.2019 and thereafter, he has been made accused in as many as 22 cases, all registered under Section 392 IPC lodged against unknown persons. Learned counsel next submits that no TIP has been conducted by the police despite the fact that petitioner is in custody since 13.12.2019 i.e., almost for two years. Regard being had to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner has been made accused in this case on the basis of confessional statement of co-accused and he is in custody since 13.12.2019 and this is the second attempt for bail on behalf of the petitioner, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, BHOLA KUMAR be released on bail on furnishing bail bond of Rs. 30,000/- (Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, West Muzaffarpur in connection with Kanti PS Case No. 771/2019. (Anil Kumar Sinha, J) perwez U T