Randhir Kumar @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64365 of 2019 Arising Out of PS. Case No.-279 Year-2019 Thana- BAHADURPUR District- Darbhanga ====================================================== Randhir Kumar @ Mukesh Kumar, aged about 23 years (Male), Son of Shri Surendra Kumar Singh, Resident of Village Sari, P.O. Sari, P.S.- Warisnagar, District- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-03-2020 Heard both sides.

The petitioner seeks bail in Bahadurpur P.S. Case No.279 of 2019, registered under Section 392 of the Indian Penal Code.

The informant alleged that while he was going to deposit Rs.13,38,000/- in Punjab National Bank, the criminal intercepted the informant and at the point of pistol snatched his bag containing cash.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR. Name of the petitioner figured in the case in the confessional statement of co-accused. The mobile of the petitioner was also recovered but from the location of the mobile or the call details, the Investigating Officer could not collect evidence that the petitioner was present in the vicinity of the occurrence. It is further submitted that Mobile No.7323029629 was found used but the same belongs to Prakash Kumar. The petitioner was arrested on 04.07.2019, but

Patna High Court CR. MISC. No.64365 of 2019(3) dt.05-03-2020 2/2 he has not yet been put on TIP. Similarly situated Pradeep Kumar, Prakash Kumar, Bittu Kumar and Prem Kumar have already been enlarged on bail by difference Benches of this Court.

The learned Additional Public Prosecutor opposed the prayer for bail, but at the same time, admitted that save and except the recovery of cash, there appears no tangible material against the petitioner. Even the recovered cash does not bear any sign of identification to show that the recovered cash was part of the looted money.

Considering the facts that of course the name of the petitioner figured in the confessional statement of co-accused, but the petitioner has not been put on TIP and similarly situated other co-accused persons have already been enlarged on bail, petitioner, namely, Randhir Kumar @ Mukesh Kumar is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Darbhanga in connection with Bahadurpur P.S. Case No.279 of 2019. (Prabhat Kumar Jha, J) S.KUMAR/- U T