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Patna High CourtCR. MISC./68512/2024bail granted

Randhir Kumar @ Fucha v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68512 of 2024 Arising Out of PS. Case No.-127 Year-2023 Thana- TETERHAT District- Lakhisarai ====================================================== Randhir Kumar @ Fucha S/o- Late Nawal Prasad Singh @ Late Nawal Singh Resident of Village- Pandarak PS- Pandarak, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Iftekhar Mahmood, 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 connection with Tetarhat P.S. Case No. 127 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution case, in short, is that some unknown persons looted cash of Rs. 65,850/- from the informant and threw his mobile and key of the motorcycle.

4. Learned counsel for the petitioner submitted that the petitioner 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 other co-accused. No incriminating/looted article has been

Patna High Court CR. MISC. No.68512 of 2024(2) dt.20-09-2024 2/2 recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the looted articles. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.06.2024 and has two criminal antecedents. The co-accused person has already been granted bail by this Bench vide order dated 20.04.2024 passed in Cr. Misc. No. 28981 of 2024.

5. Learned A.P.P. 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, claim based on parity as also the period of custody undergone by the petitioner, 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Tetarhat P.S. Case No. 127 of 2023.

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