Binay Kumar @ Vinay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67772 of 2024 Arising Out of PS. Case No.-215 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== Binay Kumar @ Vinay Kumar Son of Chhunnu Mahto R/o Village- Nandpur, P.S.- Sangrampur, District- East Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Advocate For the Opposite Party/s :
Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-09-2024 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
2. Petitioner seeks bail in connection with Piprakothi P.S. Case No. 215 of 2022 registered for the offences under Sections 328, 420, 392, 34 of the Indian Penal Code.
3. The petitioner is not named in the First Information Report and is in custody since 22.07.2024.
4. Allegation against the petitioner is to commit robbery alongwith other co-accused persons and while doing so, looted a truck loaded with 1500 containers of palm oil, which belongs to the informant.
5. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.67772 of 2024(2) dt.20-09-2024 2/3 behalf of the petitioner that name of petitioner transpired in this case only out of suspicion arising out of confessional statement of co-accused Ranjan Kumar, where no incriminating material recovered/surfaced from the petitioner during investigation as to connect him prima-facie with the present occurrence of robbery. It is submitted that petitioner claimed to be a man of clean antecedent and, moreover, investigation of this case has already completed and, as such, there is no chance of tampering with the evidence.
6. It is pointed out that similarly situated coaccused namely, Mohan Prasad has already granted bail by learned coordinate Bench of this Court vide order dated 22.03.2023 passed in Cr. Misc. No. 68950 of 2022 and coaccused Ram Mohan Rastogi and Ranjan Kumar have been granted bail by this Court vide order dated 25.02.2023 passed in Cr. Misc. No. 66724/2022 and Cr. Misc. No. 66679/2022.
7. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
8. In view of the aforesaid facts and circumstances
Patna High Court CR. MISC. No.67772 of 2024(2) dt.20-09-2024 3/3 and by taking note of the fact as save and except suspicion arising out of confessional statement of co-accused, nothing incriminating materials recovered/surfaced from the petitioner as to connect him prima-facie with the present occurrence of robbery, coupled with the fact that petitioner is in custody since 22.07.2024, where investigation of this case is already completed, accordingly, above-named petitioner is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned 11th Additional Chief Judicial Magistrate, Motihari, East Champaran/concerned court, in connection with Piprakothi P.S. Case No. 215 of 2022, subject to the condition as laid down under Section 437 (3) Cr.P.C/Section 480(3) of the Bhartiya Nyaya Suraksha Sanhita (in short "B.N.S.S.").
(Chandra Shekhar Jha, J) Rajeev/- U T