Bhola Kumar Pasi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70847 of 2022 Arising Out of PS. Case No.-652 Year-2022 Thana- BRAHMPUR District- Buxar ====================================================== BHOLA KUMAR PASI Son of Shiv Shankar Pasi @ Shivshankar Pasi Resident of Village- Thatheri Bazar, Ward No.-24, Dumraon, P.S.- Dumraon, District- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Setu Prateek, Advocate For the Opposite Party/s :
Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-03-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Brahampur (K.B.) P.S. Case No. 652 of 2022 registered for the offence under Sections 399 and 402 of the Indian Penal Code and Section 25(1-B)a, 25(6), 26, 35 of the Arms Act. The accused/petitioner is named in the F.I.R. and is in custody since 04.09.2022.
The allegation against the petitioner is to involve in preparation for dacoity, along with other co-accused persons, and while preparing so, found in possession of one sharp knife
Patna High Court CR. MISC. No.70847 of 2022(2) dt.16-03-2023 2/3 along with chilly powder and gloves.
Learned counsel appearing on behalf of the petitioner submitted that petitioner has falsely been implicated in the present case, where nothing recovered/surfaced, during the course of investigation, which may suggest that petitioner was found involved in preparation of dacoity along with other coaccused persons. It is also submitted that similarly situated coaccused person, having found in possession of fire arms, has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 67760 of 2022 vide order dated 27.02.2023. It is further submitted that mere on the basis of possession of one sharp knife, petitioner cannot be said to be involved in preparation for dacoity. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
In view of the facts and circumstances as mentioned above, as nothing appears to suggest that petitioner found involved in preparation for dacoity coupled with the fact that charge-sheet has already submitted, let the petitioner, above
Patna High Court CR. MISC. No.70847 of 2022(2) dt.16-03-2023 3/3 named, is directed to be released on bail in connection with Brahampur (K.B.) P.S. Case No. 652 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T