Lukesh Kumar @ Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64840 of 2024 Arising Out of PS. Case No.-898 Year-2024 Thana- PHULWARISHARIF District- Patna ====================================================== Lukesh Kumar @ Raushan Kumar Son of Satish Kumar Sharma @ Satish Kumar R/o - Sahar Rampur, P.S. - Piplawa, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :
Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-09-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Phulwari Sharif P.S Case No. 898 of 2024 registered for the offences punishable under Sections 392 of the I.P.C
3. As per prosecution case, accused unknown persons assaulted the informant and snatched 10,000/- cash as well as documents.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that name of the petitioner surfaced from the confessional statement of the co-accused. It is next
Patna High Court CR. MISC. No.64840 of 2024(2) dt.17-09-2024 2/3 submitted that investigation of this case is already concluded and charge-sheet is submitted. It is also submitted that no test identification parade was conducted during investigation. Learned counsel for the petitioner submitted that petitioner has got clean antecedent and he is in custody since 08.07.2024.
5. However, learned APP for the State oppose 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 above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.MXIV, Patna in connection with Phulwari Sharif P.S Case No. 898 of 2024
7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released
Patna High Court CR. MISC. No.64840 of 2024(2) dt.17-09-2024 3/3 on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge. (Ramesh Chand Malviya, J) Mayank/- U T