Aman Kumar @ Sunny Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64455 of 2024 Arising Out of PS. Case No.-722 Year-2023 Thana- BELAGANJ District- Gaya ====================================================== Aman Kumar @ Sunny Kumar S/O Sunil Vishwakarma R/O Village- Mussi, P.S- Makhdumpur, Distt.- Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, 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 Belaganj P.S. Case No. 722 of 2023 instituted for the offences under Section 392 of the Indian Penal Code and later on Section 414 of the Indian Penal Code was added.
3. Prosecution case, in short, is that, three unknown miscreants snatched the motorcycle and mobile phone from the informant on the point of pistol and fled away.
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 the co-accused Abhishek Kumar @ Mintu. No incriminating article has been recovered from the conscious possession of the
Patna High Court CR. MISC. No.64455 of 2024(2) dt.06-09-2024 2/2 petitioner. Learned counsel further submitted that petitioner has got no concern with the snatched mobile phone and motorcycle. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.12.2023 and has two criminal antecedents. The co-accused person has already been granted bail by this Bench vide order dated 21.08.2024 passed in Cr. Misc. No. 56967 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 Belaganj P.S. Case No. 722 of 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T