Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67038 of 2022 Arising Out of PS. Case No.-1201 Year-2021 Thana- KHAJANCHI HAT District- Purnia ====================================================== Pawan Kumar Son Of Champa Uraon @ Champi Lal Uraown R/O MohallaMaranga, Murgi Forum, P.S.- Maranga, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-03-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 394 of the Indian Penal Code and latter on cognizance was taken under Sections 395, 397, 412 and 413 of the Indian Penal Code. As per the prosecution case, four unknown miscreants assaulted the informant and his friends. Miscreants also snatched Rs. 5000/- in cash and a mobile phone from the informant and Rs. 500/- and a mobile phone were also snatched

Patna High Court CR. MISC. No.67038 of 2022(2) dt.23-03-2023 2/3 from the informant's friends by the miscreants. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No such occurrence as alleged has ever taken place. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of co-accused persons namely Sadhu Uraon, Sohit Uraon and Chhotu Kumar. So far as the recovery is concerned, the recovered two mobile phones were the petitioner's own mobile phones. Learned counsel has further submitted that the charge-sheet has already been submitted against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.12.2021.

Learned A.P.P. for the State has vehemently opposed the prayer of bail of the petitioner by submitted that the alleged recovery has been made from the possession of the petitioner. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Purnea in connection with K. Hat P. S. Case No.

Patna High Court CR. MISC. No.67038 of 2022(2) dt.23-03-2023 3/3 1201 of 2021, (S.T. No. 291/2022/CIS No. 291 of 2022). The application stands allowed.

(Chandra Prakash Singh, J) shakir/- U T