Patna High CourtCR. MISC./68554/2024bail granted

Aman Kumar v. The State Of Bihar

2024-09-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68554 of 2024 Arising Out of PS. Case No.-494 Year-2023 Thana- SHAHKUND District- Bhagalpur ====================================================== Aman Kumar Son of Parmanand Singh @ Ram Niwas singh Resident of Village - Banama, P.S. - Shahkund, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Swapnil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Shahkund P.S. Case No. 494 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution case, in short, is that four unknown miscreants snatched the mobile phone and cash of Rs. 5,000/- from the informant on gun point.

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 confessional statement of

Patna High Court CR. MISC. No.68554 of 2024(2) dt.20-09-2024 2/2 co-accused Ashish Kumar. No incriminating/looted article has been recovered from the conscious possession of the petitioner. The looted mobile has been recovered from co-accused Ashish Kumar. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.02.2024 and has no criminal antecedent. The co-accused person has already been granted bail by this Bench vide order dated 23.05.2024 passed in Cr. Misc. No. 38305 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 below/concerned Court in connection with Shahkund P.S. Case No. 494 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T