Patna High CourtCR. MISC./63463/2023bail granted

Lal Bahadur Kumar v. The State Of Bihar

2023-10-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63463 of 2023 Arising Out of PS. Case No.-75 Year-2023 Thana- GARKHA District- Saran ====================================================== Lal Bahadur Kumar Son Of Dashrath Sah, Resident Of Village - Pokhara, PSMaharajganj, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Prasad, Advocate For the Opposite Party/s :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case instituted for the offences under Section 392 of the Indian Penal Code.

3. The prosecution case in short is that three unknown miscreants on the point of pistol took out Rs.70,000/ from the drawer of the Bank and also took out Rs.10,000/- and a mobile phone from the pocket of the informant.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.06.2023. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. His name has transpired

Patna High Court CR. MISC. No.63463 of 2023(2) dt.10-10-2023 2/2 in this case on the confessional statement of co-accused. No incriminating article has been recovered from the possession of the petitioner. No T.I.P. has been conducted to ascertain the participation of the petitioner in the present case.

5. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned court below/concerned Court in connection with Garkha P.S. case No.75/2023.

(Sudhir Singh, J) Narendra/- U T