Sandeep Kumar @ Sandip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67313 of 2024 Arising Out of PS. Case No.-215 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== Sandeep Kumar @ Sandip Kumar S/o- Subhash Chaudhary R/o- Bagahi Ratanpur, P.S- Bairiya, District- West Champaran at Bettiah. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, 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 Piprakothi P.S. Case No. 215 of 2022 instituted for the offence under Sections 328, 420, 392/34 of the Indian Penal Code.

3. Prosecution case, in short, is that, three unknown miscreants committed the crime of robbery by taking away truck loaded with 1500 containers of palm oil.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.07.2024. Petitioner has no criminal antecedent, as per disclosure made in paragraph No. 3

Patna High Court CR. MISC. No.67313 of 2024(2) dt.20-09-2024 2/3 of the bail application.

5. It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. No looted vehicle has been recovered from the conscious possession of the petitioner. Name of the petitioner has surfaced in this case due to confessional statement of co-accused, namely, Ranjan Kumar, who has been granted bail by a Co-ordinate Bench of this Court vide order dated 25-02-2023, passed in Cr. Misc. No. 66679 of 2022. Other co-accused have been granted bail by a Co-ordinate Bench of this Court vide order dated 2502-2023, 14-03-2023 & 22-03-2023, passed in Cr. Misc. No. 66724 of 2022, Cr. Misc. No. 64581 of 2022 & Cr. Misc. No. 68950 of 2022, respectively. No T.I. Parade has been conducted in this case.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

8. 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

Patna High Court CR. MISC. No.67313 of 2024(2) dt.20-09-2024 3/3 below/concerned Court in connection with Piprakothi P.S. Case No. 215 of 2022.

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