Patna High CourtCR. MISC./72239/2024bail granted

Om Prakash Kumar v. The State Of Bihar

2024-10-03Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72239 of 2024 Arising Out of PS. Case No.-88 Year-2024 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Om Prakash Kumar son of Jyotic Mukhiya Viillage- Basantpur, P.S- Kundwa Chainpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Prasad, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar No. 2, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-10-2024 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kundwa Chainpur P.S. Case No. 88 of 2024, lodged on 23.06.2024, under Section 392 of the I.P.C.

3. As per the prosecution, F.I.R. has been lodged against unknown accused persons against whom there is allegation of robbery of Rs. 1,61,538/- at the gun point.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the antecedent of the petitioner is clean and he is in custody since 30.06.2024. Counsel submits that his name has been figured in this case by virtue of confessional statement

Patna High Court CR. MISC. No.72239 of 2024(2) dt.03-10-2024 2/2 during investigation. Counsel submits that nothing incriminating has been recovered from the conscious possession of the petitioner and he was not put in T.I.P. till date. Counsel further submits that the petitioner is ready to fulfill all the conditions whatsoever shall be imposed to him.

5. Learned Counsel for the State opposes the prayer for bail and submits that there are series of persons who have confessed against the petitioner but there is only confession and no corroboration.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Sikrahana, at Dhaka, East Champaran, Motihari in connection with Kundwa Chainpur P.S. Case No. 88 of 2024, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J.) Aman Kumar/- U T