Prahlad Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72618 of 2021 Arising Out of PS. Case No.-155 Year-2021 Thana- GRIYAK District- Nalanda ====================================================== PRAHLAD KUMAR Son of Shiv Prasad Resident of Village - and P.O. - Dabhawan, P.S.- Bhadaur, District Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Giridhar Gopal Tiwary, Adv.

For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-06-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 395 of the Indian Penal Code.

As per the prosecution case, the truck of the informant was overtaken by another vehicle, forcibly stopped and on the point of pistol, the informant was dispossessed of the truck as also the goods loaded thereon.

It is submitted by learned counsel for the petitioner that the F.I.R. was registered against 6-7 unknown persons. Referring to the order of the learned trial court rejecting the application for bail of the petitioner, it is submitted that the name of the petitioner transpired in his confessional statement in another case. No incriminating article has been recovered from

Patna High Court CR. MISC. No.72618 of 2021(2) dt.08-06-2022 2/2 the petitioner's possession nor has he been put on T.I. parade inspite of being in custody since 3.7.2021. Co-accused Sunny Kumar and Sanket Kumar have been enlarged on bail vide order dated 9.5.2022 passed in Cr. Misc. no.58889 of 2021 and Cr. Misc. no.69279 of 2021.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts that no incriminating article was recovered from the petitioner's possession together with the petitioner not having been put on T.I. parade inspite of being in custody for about 11 months and investigation in the case having concluded, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no.471 of 2021 (arising out of Giriyak P.S. Case no.155 of 2021) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge V, Nalanda at Biharsharif.

(Partha Sarthy, J) Saurabh/- U T