Patna High CourtCR. MISC./66140/2023bail granted

Prabhat Kumar v. The State Of Bihar

2023-10-13Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66140 of 2023 Arising Out of PS. Case No.-297 Year-2023 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Prabhat Kumar Son Of Anil Kumar Tiwari Resident Of Village- Dudhpura, Ward No. 03, Ps- Samastipur, Distt- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Kumar, 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 Samastipur Muffasil P.S. Case No. 297 of 2023 dated 12.06.2023 registered for the offences punishable u/ss 380 and 457 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have looted Rs. 8,07,733/- from Maa Veena Petrol Pump.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.66140 of 2023(2) dt.13-10-2023 2/3 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that the petitioner is neither the staff nor the custodian of key of the said petrol pump. 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 26.06.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that out of Rs. 8,07,733/-, 7,51,000/- was recovered from the house of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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, Samastipur in connection with Samastipur Muffasil P.S. Case No. 297 of 2023, with the condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

Patna High Court CR. MISC. No.66140 of 2023(2) dt.13-10-2023 3/3

8. The application stands allowed.

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