Patna High CourtCR. MISC./65080/2023bail granted

Prem Kishore Kumar v. The State Of Bihar

2023-10-13Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65080 of 2023 Arising Out of PS. Case No.-185 Year-2023 Thana- KOTWA District- East Champaran ====================================================== Prem Kishore Kumar Son Of Sohan Prasad Resident Of Village- Mahuawa, Ps- Pipra, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-10-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Kotwa P.S. Case No. 185 of 2023 dated 16.05.2023 registered for the offences punishable u/ss 392 of the Indian Penal Code.

4. As per the prosecution case, four unknown miscreants are alleged to have entered the institution of the informant and looted Rs. 26,231/- and six mobile phones from the employees of Branch.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner

Patna High Court CR. MISC. No.65080 of 2023(2) dt.13-10-2023 2/2 has sprung up in the confessional statement of the co-accused, Sunil Kumar. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 21.08.2023 passed in Cr. Misc. No. 53129 of 2023. No TIP has been conducted by the prosecution. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is also accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 20.06.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari, East Champaran in connection with Kotwa P.S. Case No. 185 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T