Praful Kumar @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72261 of 2024 Arising Out of PS. Case No.-144 Year-2024 Thana- NOORSARAI District- Nalanda ====================================================== Praful Kumar @ Vikash Kumar Son of Prem Prakash @ Jagan Paswan R/O Village- Hathsargang, P.S.- Town Hajipur, District- Vaishali. At Present R/At Bhunath Road, Kankarbagh, Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Noor Sarai P.S. Case No. 144 of 2024 instituted for the offences under Section 392 of the Indian Penal Code.

3. As per prosecution case, the accusation has been made against four miscreants including the petitioner of being involved in the commission of dacoity in the bank. It is alleged that the accused persons took away Rs. 41,633/- from the Ujjaivan Small Finance Bank on gun point.

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

Patna High Court CR. MISC. No.72261 of 2024(2) dt.05-10-2024 2/3 merely on the basis of suspicion. The petitioner is not named in the F.I.R. and he has been implicated in the present case only on the basis of CCTV footage. The police has recovered one Realme mobile from the possession of the petitioner. Till date, No Test Identification Parade has been conducted in this case. He further submits that no stolen article has been recovered from the possession of the petitioner. The petitioner has no concern with the alleged occurrence or the co-accused persons. He further submits that the police, seeing his previous antecedents, has forcibly taken his confessional statement. The petitioner has been remanded in this case from Noor Sarai P.S. Case No. 154 of 2022 on 18.05.2022 in which he was granted bail by the court below itself. The petitioner has three criminal antecedents and is in custody since 10.04.2024.

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. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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

Patna High Court CR. MISC. No.72261 of 2024(2) dt.05-10-2024 3/3 below/concerned Court in connection with Noor Sarai P.S. Case No. 144 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T