Jai Prakash Kumar @ Jai Prakash @ Kaila v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69112 of 2024 Arising Out of PS. Case No.-75 Year-2023 Thana- BARABAR TOURIST District- Jehanabad ====================================================== Jai Prakash Kumar @ Jai Prakash @ Kaila Son of Sri Lalan Paswan Resident of Village- Kohra, P.S.- Makhdumpur and Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harshit Griyaghey, Advocate For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Barabar Paryatan P.S. Case No. 75 of 2023 registered for the offences punishable under Section 394 of the Indian Penal Code.

3.

Prosecution case in short is that when the informant reached near Tilkai More by his bike the three accused persons on a pulsar motorcycle came near the informant and stopped him and snatched his bag containing Rs. 1,15,090/- cash and a

Patna High Court CR. MISC. No.69112 of 2024(2) dt.20-09-2024 2/3 bio-metric machine.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement of co-accused, namely, Subodh Kumar. It is submitted that even during the course of investigation, police went to the house of the petitioner and there is no recovery of any incriminating article from the house of the petitioner. Petitioner bears three criminal antecedent. Other co-accused has been granted bail by this Court vide order dated 29-04-2024, passed in Cr. Misc. No. 29047 of 2024.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the

Patna High Court CR. MISC. No.69112 of 2024(2) dt.20-09-2024 3/3 case is pending/successor court in connection with Barabar Paryatan P.S. Case No. 75 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Rudra Prakash Mishra, J) Raj Kishore/- U T