Patna High CourtCR. MISC./67019/2024bail granted

Kanhaiya Kumar v. The State Of Bihar

2024-09-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67019 of 2024 Arising Out of PS. Case No.-295 Year-2023 Thana- MANSI District- Khagaria ====================================================== Kanhaiya Kumar Son of Prakash Ram @ Jai Prakash Singh Resident of Village- Mehsauri, Ward No. 2, P.S.- Mufassil, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Raj Ballabh 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 Mansi (Supplementary) P.S. Case No. 295 of 2023, instituted for the offences punishable under Section 394 of the Indian Penal Code.

3. The prosecution case, in short, is that, some unknown persons snatched the motorcycle and mobile of the informant and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Md. Tufan @ Tufani. No

Patna High Court CR. MISC. No.67019 of 2024(2) dt.20-09-2024 2/2 incriminating material has been recovered from the conscious possession of the petitioner. No T.I.P has been conducted in this case. There is no recovery of stolen articles from the possession of the petitioner. The petitioner is in custody since 19.03.2024 and has got four criminal antecedents. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by this Court vide order dated 12.07.2024 passed in Cr. Misc. No. 47391 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, 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 below/concerned Court in connection with Mansi (Supplementary) P.S. Case No. 295 of 2023.

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