Krishna Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67137 of 2024 Arising Out of PS. Case No.-77 Year-2024 Thana- Manikpur District- Lakhisarai ====================================================== Krishna Sah Son of Ramlagan Sah Resident of Village- Shivkund, P.S. - Hemjapur, District- Munger, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Manikpur P.S. Case No. 77 of 2024 instituted for the offence under Sections 309(4), 351(3) & 3(5) of the BNS, 2023. 4.

Prosecution case as emerges from the FIR is that four unknown miscreants entered into the house of the informant while she was sleeping and have taken away her mobile along with jewellery articles.

5.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27-07-2024. Petitioner is a man of clean antecedent.

6.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.67137 of 2024(3) dt.06-12-2024 2/2 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, Banti Kumar, who has been granted bail by this Court vide order dated 21-10-2024, passed in Cr. Misc. No. 71678 of 2024. Nothing has been recovered from the possession of the petitioner. It is lastly submitted that charge sheet has been submitted in this case.

7.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 8.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner, manner of petitioner's implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

9.

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 Manikpur P.S. Case No. 77 of 2024.

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