Bittu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74587 of 2023 Arising Out of PS. Case No.-748 Year-2022 Thana- HARNAUT District- Nalanda ====================================================== Bittu Kumar Son of Ashok Ram Residents Of Village Sri Chandpur Police Station Harnaut District Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 12-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with S. Tr. No. 519 of 2023 arising out of Harnaut P.S. Case No. 748 of 2022, registered for the offences punishable under Section 394 of the Indian Penal Code but Police has submitted chargesheet under Sections 395, 397 and 412 of the Indian Penal Code.
3. As per the prosecution case, the informant is the driver of a four wheeler used for rental purpose. It is further
Patna High Court CR. MISC. No.74587 of 2023(3) dt.12-02-2024 2/3 alleged that when the informant reached the alleged place of occurrence, the petitioner along with other accused persons looted the cash worth Rs. 8000/-, other articles and car of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is no any looted article has been recovered from the possession or house of the petitioner and except the confessional statement there is no material against the petitioner. He also submits that similarly situated coaccused, namely, Kundan Kumar has already been granted bail by the Co-ordinate Bench of this Court vide order dated 12.01.2024 passed in Cr. Misc. No. 1349 of 2024. He further submits that the petitioner has two criminal antecedent and he is in jail custody since 14.02.2023 in this case.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, 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 learned IIIrd
Patna High Court CR. MISC. No.74587 of 2023(3) dt.12-02-2024 3/3 Additional Sessions Judge, Biharsharif, Nalanda or Concerned Court Below in connection with S. Tr. No. 519 of 2023 arising out of Harnaut P.S. Case No. 748 of 2022.
(Sunil Dutta Mishra, J) ashishkr/- U T