Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67887 of 2022 Arising Out of PS. Case No.-68 Year-2022 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== KRISHNA KUMAR S/o Ram Naresh Singh R/o village- Chak Muzaffar, P.S.- Nawkothi, Distt- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-03-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP 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 Nawkothi P.S. Case No. 68 of 2022 registered for the offence under Sections 392, 397 and 34 of the Indian Penal Code. The accused/petitioner is not named in the F.I.R. and is in custody since 31.05.2022.

The allegation against the petitioner is to commit robbery, along with other co-accused persons, and, while committing so, taken away cash of Rs. 37,000/-, mobile along with valuable documents like ATM card, Pan Card and driving

Patna High Court CR. MISC. No.67887 of 2022(2) dt.14-03-2023 2/3 licence belongs to informant.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is not named in the FIR and his name surfaced, during the course of investigation, on the basis of secret input provided by police spy. It is submitted that no TIP was conducted, as yet. It is further submitted that alleged recovered amount of Rs. 6,000/- belongs to the petitioner, which in want of any details and denominations cannot be connected with the looted money. While travelling over the argument, learned counsel for the petitioner categorically submitted that in the impugned order, recovered amount is wrongly mentioned as Rs. 66,000/- which not appears correct on its face as amount alleged to be looted is only Rs. 37,000/- and same appears only a typographical error. It is also submitted that petitioner found involved in one (1) criminal case, where he is on bail. While concluding the argument, it is submitted that investigation of this case is complete, 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.

In view of the facts and circumstances as mentioned above, as alleged recovered amount of Rs. 6000/- is without any

Patna High Court CR. MISC. No.67887 of 2022(2) dt.14-03-2023 3/3 details and denominations to connect petitioner, prima facie, with the present occurrecne of robbery coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Nawkothi P.S. Case No. 68 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 Chief Judicial Magistrate, Begusarai/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T