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Patna High CourtCR. MISC./75003/2024bail granted

Prabhat Kumar v. The State Of Bihar

2024-10-22Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75003 of 2024 Arising Out of PS. Case No.-346 Year-2024 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Prabhat Kumar Son of Lal Babu Prasad @ Braj Kishore Prasad @ Brij Kishor Prasad Patwa Mohalla- Belvaganj, P.S.- Laherisarai, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Laheriyasarai P.S. Case No. 346 of 2024, instituted for the offences punishable under Sections 457 and 380 of the Indian Penal Code.

3. The prosecution case, in short, is that, some unknown persons committed theft of Rs. 10,000/- along with other jewelleries from the house of the informant in his absence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the

Patna High Court CR. MISC. No.75003 of 2024(2) dt.22-10-2024 2/2 FIR. Name of the petitioner has transpired on the basis of CCTV footage and some stolen articles have also been recovered from the house of the petitioner. It is further submitted that no T.I. parade has been conducted in this case. The petitioner is in custody since 01.07.2024 and has got one criminal antecedent in which he has been acquitted by the Court below.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Laheriyasarai P.S. Case No. 346 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T