Patna High CourtCR. MISC./63235/2024bail granted

Pawan Kumar v. The State Of Bihar

2024-10-18Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63235 of 2024 Arising Out of PS. Case No.-189 Year-2023 Thana- SONBERSHA RAJ District- Saharsa ====================================================== Pawan Kumar Son of Upendra Mahto Resident of Village - Bhasti Bind Toli, P.S.- Sonbarsa Raj (Kashnagar O.P.), District - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in a case registered for the offence under Section 392 of the Indian Penal Code.

3. As per the prosecution case, the accused persons are said to have looted Rs. 1,00,000/- and a mobile and thereafter they fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent, committed no offence and has falsely been implicated in this case. He next submits that the petitioner is not named in the FIR and nothing has been recovered from the possession of the petitioner. Petitioner has been made accused on the basis of confessional of co-accused, namely, Mahadev Kumar who has already been granted bail by this Court in Cr. Misc. No. 18158 of 2024 vide order dated

Patna High Court CR. MISC. No.63235 of 2024(2) dt.18-10-2024 2/2 14.03.2024. He further submits that the petitioner is in custody since 02.03.2024. Similarly situated co-accused persons have already been granted bail by co-ordinate Bench of this Court in Cr. Misc. No. 24338 of 2024 vide order dated 04.04.2024, Cr. Misc. No. 23093 of 2024 vide order dated 04.04.2024, Cr. Misc. No. 19191 of 2024 vide order dated 02.04.2024 and Cr. Misc. No. 19053 of 2024 vide order dated 02.04.2024 respectively.

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, 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 learned Chief Judicial Magistrate, Saharsa in connection with Sonbarsa Raj (Kashnagar) P.S. Case No. 189 of 2023.

(Ramesh Chand Malviya, J) saurabhkr/- U T