Patna High CourtCR. MISC./68856/2023bail granted

Sukesh Kumar v. The State Of Bihar

2023-12-20Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68856 of 2023 Arising Out of PS. Case No.-124 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== SUKESH KUMAR S/O SHANKAR CHAUDHARY @ SHNKAR CHAUDHARI VILLAGE- DHEKHAN BISUNPUR (DHEKAHA VISHUNPUR), PS. PIPRA KOTHI, DIST. EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-12-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Turkauliya P.S Case no.124 of 2023 registered under section 392 of the Indian Penal Code.

3. As per the prosecution case, the informant states that while he was on his motorcycle, three accused persons stopped him, thereafter started abusing and assaulting him and took away his motorcycle, mobile phone as also Rs.5,000/- in cash.

4. Learned counsel for the petitioner submits that the F.I.R was registered against 2-3 unknown persons. The name of the petitioner transpired in the alleged confessional statement of

Patna High Court CR. MISC. No.68856 of 2023(3) dt.20-12-2023 2/2 co-accused Guddu Sahni. No incriminating article has been recovered from the petitioner's possession. The cause of false implication is the petitioner's antecedents. He is in custody since 8.5.2023 and charge-sheet has been submitted in the case.

5. The prayer for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of material that has transpired against the petitioner in course of investigation, no incriminating article having been recovered from his possession, his being in custody for more than 7 months since 8.5.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Turkauliya P.S Case no.124 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari.

(Partha Sarthy, J) Shiv/- U T