Prashant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58583 of 2022 Arising Out of PS. Case No.-125 Year-2022 Thana- KUMAR KHAND District- Madhepura ====================================================== PRASHANT KUMAR Son of Bhupendra Yadav R/V- Routa, Ward No. 16, P.S- Kumarkhand, Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Kumarkhand (Belari O.P.) P.S. Case No. 125 of 2022 for the offence registered under Sections 279, 337 and 379 of the Indian Penal Code.

The allegation is regarding three unknown miscreants having snatched a sum of Rs. 30,000/- and mobile phone from the informant on the alleged date and time of occurrence, while he was returning after collecting money from the investors since he is the field staff of Swatantra Micro

Patna High Court CR. MISC. No.58583 of 2022(2) dt.06-01-2023 2/3 Finance Private Limited.

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 20.07.2020. It is further submitted that though the petitioner is accused in one another case but he is on bail in the said case and only after he was apprehended in the said another case, he has been remanded in the present case on 20.07.2022. It is also submitted that the name of the petitioner has transpired in the present case upon confessional statement made by the co-accused persons namely Manish Kumar and Neeraj Kumar, however, it is submitted that the looted mobile/cash amount has not been recovered from the petitioner.

Per contra, the learned counsel 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

Patna High Court CR. MISC. No.58583 of 2022(2) dt.06-01-2023 3/3 available on record as also considering the fact that neither any Test Identification Parade has been held so as to connect the petitioner with the alleged crime nor any looted article/cash amount has been recovered from the petitioner apart from the fact that the petitioner has been named in the present case upon disclosure made by the coaccused persons, 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 sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Madhepura in connection with Kumarkhand (Belari O.P.) P.S. Case No. 125 of 2022.

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