Patna High CourtCR. MISC./67191/2024bail granted

Bhaskar Kumar v. The State Of Bihar

2024-09-20Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67191 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- PIPRAKOTHI District- East Champaran ====================================================== Bhaskar Kumar Son of Jagdish Sahni R/o Village- Betiya Basant, P.S.- Kesariya, District- 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. Sanjay Kumar Singh, 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 Pipra Kothi P.S. Case No. 22 of 2024, instituted for the offences punishable under Section 392 of the Indian Penal Code.

3. The prosecution case, in short, is that, four unknown miscreants committed loot of Rs. 68,640/- on gun point from the informant and threw the key of his motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.67191 of 2024(2) dt.20-09-2024 2/3 present case. Learned counsel for the petitioner further submitted that the petitioner is neither named in the FIR nor arrested on the spot. Name of the petitioner has transpired in this case on the basis of confessional statement of co-accused person and the same has got no evidentiary value. No incriminating material has been recovered from the conscious possession of the petitioner. No looted article has been recovered from the possession of the petitioner. No T.I. parade has been conducted in this case. The petitioner is in custody since 03.05.2024 and has got three criminal antecedents, out of which, he is on bail in two cases. The co-accused person has already been granted bail by this Bench vide order dated 21.08.2024 passed in Cr. Misc. No. 57827 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.67191 of 2024(2) dt.20-09-2024 3/3 below/concerned Court in connection with Pipra Kothi P.S. Case No. 22 of 2024.

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