Patna High CourtCR. MISC./72422/2024allowed

Prince Alam v. The State Of Bihar

2024-10-05Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72422 of 2024 Arising Out of PS. Case No.-162 Year-2024 Thana- CHANPATIA District- West Champaran ====================================================== Prince Alam, S/O Mir Jahid @ Jahid Alam, R/O Village- Raibarwa, P.SSathi, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Gupta, Advocate For the Opposite Party/s :

Ms.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 309(4), 317(3) of the Indian Penal Code.

3. The case of the prosecution is that altogether Rs. 3,90,000/- was looted by the unknown miscreants from the informant.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner is not named in the F.I.R. During investigation, the name of the petitioner has surfaced only on the basis of confessional statement of co-accused namely, Neeraj Kumar before the police, which has no

Patna High Court CR. MISC. No.72422 of 2024(2) dt.05-10-2024 2/2 evidentiary value in the eye of law. Nothing has been recovered from his conscious possession. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 10.07.2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate 1st Class, Bettiah, West Champaran in connection with Chanpatia P.S. Case No. 162 of 2024.

(Ashok Kumar Pandey, J) lata/- U T