Prem Kumar @ Karan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66348 of 2022 Arising Out of PS. Case No.-518 Year-2022 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Prem Kumar @ Karan Kumar S/O Shyam Chaudhary R/O Vill/ MuhallaSimra, P.S- Sadar (Mabbi O.P), District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-04-2023 Let the defects, if any, pointed out by the office be removed within four weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

2.

Heard learned counsel for the petitioner and the learned APP for the State.

3.

Petitioner seeks regular bail in connection with Sadar (Mabbi O.P.) P.S. Case No. 518 of 2022 dated 24.08.2022 registered for the offences punishable under Sections 341, 342, 323, 363, 364, 387 and 34 of the Indian Penal Code. 4.

The main submissions advanced by learned counsel for petitioner are that the FIR is based on the fardbyan of the victim and according to the FIR the petitioner and six other co-accused persons were apprehended at the spot and according to the allegation made by victim in the FIR seven persons including the

Patna High Court CR. MISC. No.66348 of 2022(4) dt.19-04-2023 2/2 petitioner were involved in the alleged abduction as well as loot but the allegation levelled by the informant in the FIR does not get support from the victim's own statement recorded by him before the Judicial Magistrate under Section 164 of Cr.P.C. in which he made allegation against two co-accused persons namely, Mithilesh and Dhiraj and he did not whisper even a single word against the petitioner showing his involvement in the alleged crime and petitioner has fair and clean antecedent and he has been languishing in jail since 22.08.2023 and against the petitioner investigation has been completed.

5.

Learned APP for the State has opposed the bail prayer of the petitioner.

6.

Considering the above submissions made by learned counsel for the petitioner and mainly the petitioner's custody period and his fair and clean antecedent, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Sadar (Mabbi O.P.) P.S. Case No. 518 of 2022.

(Shailendra Singh, J) Shahnawaz/- U T