Pintu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65807 of 2024 Arising Out of PS. Case No.-310 Year-2023 Thana- PIPRA District- Supaul ====================================================== Pintu sharma S/O Sri Ganga Sharma @ Ganga Chaupal R/O Village- Hardi, Ward no.- 5, P.S and District- Supaul, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrit Abhijat, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Pipra P.S. Case No. 310 of 2023 instituted for the offence under Section 392 of the Indian Penal Code.

3.

Prosecution case in short is that informant-who is supplier of newspaper-was accosted with three unknown miscreants who have snatched Rs. 5,000/- and one mobile phone on the point of pistol.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 02-04-2024. Petitioner bears four criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.65807 of 2024(3) dt.19-11-2024 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Raushan Kumar, and the same has no evidentiary value in the eye of law. It is submitted that nothing has been recovered from the possession of the petitioner, rather recovery is made from co-accused, Ganesh Poddar. It is next submitted that petitioner was not put on T.I. Parade. It is lastly submitted that there is no compliance of Section 100 of the Cr.P.C.

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 manner of petitioner's implication, 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 below/concerned Court in connection with Pipra P.S. Case No. 310 of 2023, subject to the following conditions:

Patna High Court CR. MISC. No.65807 of 2024(3) dt.19-11-2024 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T