Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64137 of 2022 Arising Out of PS. Case No.-308 Year-2022 Thana- MURLIGANJ District- Madhepura ====================================================== PRADEEP KUMAR Son of Gajendra Das R/V- Temabhela, Kantahi, Ward No. 2, P.S- Gwalpara, Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Murliganj P.S. Case No. 308 of 2022 registered for the offence under Sections 392 and 411 of the Indian Penal Code and 25(1B)a/26/35 of the Arms Act. The accused/petitioner is named in the F.I.R. and is in custody since 24.06.2022.

The allegation against the petitioner is commit robbery alongwith other co-accused persons and while committing so taken away cash of Rs. 5,000/- and Aadhar Card belongs to informant.

Patna High Court CR. MISC. No.64137 of 2022(2) dt.21-02-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that in fact, petitioner met with an accident from the vehicle of informant and when the cost of received damage was asked for, the present false allegation was raised. It is also submitted that no incriminating material recovered as alleged to be looted from the conscious physical possession of this petitioner. It is also submitted that the cash alleged to be recovered belongs to this petitioner and further in want of details and denominations cannot be connected with alleged looted money. It is also pointed out that alleged fire arm was not recovered from conscious physical possession of this petitioner, rather same was recovered from the open field, accessible by general public. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above and by taking note of the nature of allegation, where the details and denominations of alleged looted money is not available, coupled with the fact that charge-sheet has been

Patna High Court CR. MISC. No.64137 of 2022(2) dt.21-02-2023 3/3 submitted, let the petitioner, above named, is directed to be released on bail in connection with Murliganj P.S. Case No. 308 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-1st, Madhepura/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Archana/- U T