Chhote Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64044 of 2024 Arising Out of PS. Case No.-897 Year-2023 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Chhote Kumar Son of Indubhushan Ram R/O Vill- Bihar Sharif Garh Par, P.S.- Laheri, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nityanand Kumar, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Aurangabad (Town) P.S. Case No. 897 of 2023 instituted for the offences under Sections 392, 34 of the Indian Penal Code.
3. Prosecution case, in short, is that, when the informant was returning after withdrawing money to the tune of Rs. 2,50,000/- from Punjab National Bank, he met one person, who offered him tea, whereafter, the informant sat in his vehicle and all the accused persons snatched Rs. 2,50,000/- and fled away.
Patna High Court CR. MISC. No.64044 of 2024(2) dt.06-09-2024 2/3
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of self-confession. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the looted amount. Learned counsel further submitted that T.I.P. has not been conducted till date. It has been submitted on behalf of the petitioner that the petitioner is in custody since 06.01.2024 and has one criminal antecedent. The co-accused person has already been granted bail by this Bench vide order dated 26.07.2024 passed in Cr. Misc. No. 39462 of 2024.
5. Learned A.P.P. 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, claim based on parity as also the period of custody undergone by the petitioner, 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.64044 of 2024(2) dt.06-09-2024 3/3 below/concerned Court in connection with Aurangabad (Town) P.S. Case No. 897 of 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T