Kishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61868 of 2024 Arising Out of PS. Case No.-134 Year-2023 Thana- KARPURIGRAM District- Samastipur ====================================================== Kishan Kumar S/o Jitendra Giri R/o Village- Adharpur, Jogiamath, PsKarpurigram, 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. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-10-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Karpurigram P.S. Case No.134 of 2023 registered for the offence under Sections 392 and 411 of the Indian Penal Code. 3.

Allegation against the petitioner along with other unknown co-accused persons is to have taken away a motorcycle, mobile, bag containing Rs.10,000/-, etc., on the point of pistol, belongs to the informant.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that name of the

Patna High Court CR. MISC. No.61868 of 2024(2) dt.18-10-2024 2/3 petitioner surfaced in this case on the basis of self confessional statement in another case. It is submitted that nothing incriminating articles have been recovered from the possession of the petitioner, during course of investigating, which may connect him with the present set of occurrence. It is submitted that TIP has not been conducted by the investigating officer, during course of investigation. It is also submitted that investigation of this case has been completed, for which, chargesheet has already been submitted, as such, there is no chance of tampering with the evidence. It is further submitted that petitioner is in custody since 19.12.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner and as nothing has been recovered from the possession of this petitioner and his name surfaced on the basis of self confessional statement in another case, let the petitioner, above named, is directed to be released on bail, in connection with Karpurigram P.S. Case No.134 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class,

Patna High Court CR. MISC. No.61868 of 2024(2) dt.18-10-2024 3/3 Samastipur/concerned court.

(Ramesh Chand Malviya, J) S.Katyayan/- U T