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Patna High CourtCR. MISC./76687/2023allowed

Braj Kishore Kumar v. The State Of Bihar

2023-12-01Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76687 of 2023 Arising Out of PS. Case No.-345 Year-2021 Thana- SIMRI District- Darbhanga ====================================================== Braj Kishore Kumar Son Of Rampravesh Ray R/O Vill - Muza Bangara, P.S. - Deoria, Distt - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 392, 411 of the Indian Penal Code.

It is alleged by the informant three unknown accused persons boarded with a car, overtook the Bolero Pick-up vehicle of the informant and on the point of pistol, robbed cash of Rs. 1,54,000/- and three mobile phones.

Patna High Court CR. MISC. No.76687 of 2023(2) dt.01-12-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up on the confessional statement of co-accused Ajay Kumar. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has still not been put on T.I.P. The petitioner is languishing in custody since 15.05.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.76687 of 2023(2) dt.01-12-2023 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Simri P.S. Case No. 345 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T