Patna High CourtCR. MISC./62499/2024bail granted

Kishan Kumar v. The State Of Bihar

2024-08-30Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62499 of 2024 Arising Out of PS. Case No.-131 Year-2023 Thana- KARPURIGRAM District- Samastipur ====================================================== Kishan Kumar Son of Jitendra Giri Resident of Village - Adharpur, Jogiamath, Police Station - Karpurigram, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Karpurigram P.S. Case No. 131 of 2023, instituted for the offences punishable under Sections 392 and 411 of the Indian Penal Code.

3. The prosecution case, in short, is that, three miscreants entered into the CSP Centre where the informant was working and on the point of pistol snatched a bag containing Rs. 1,65,000/- and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.62499 of 2024(2) dt.30-08-2024 2/3 possession of the petitioner. Learned counsel for the petitioner also submitted that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of selfconfession of the petitioner during course of investigation and the same has got no evidentiary value. No looted articles have been recovered from the possession of the petitioner. No T.I. parade has been conducted in this case. The petitioner is in custody since 19.12.2023 and has got seven criminal antecedents in which he is on bail in four cases. Learned counsel for the petitioner further submits that similarly situated coaccused has been granted bail by this Court vide order dated 09.04.2024 passed in Cr. Misc. No. 27350 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Karpurigram P.S.

Patna High Court CR. MISC. No.62499 of 2024(2) dt.30-08-2024 3/3 Case No. 131 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T