Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74814 of 2022 Arising Out of PS. Case No.-87 Year-2022 Thana- CHANPATIA District- West Champaran ====================================================== Krishna Kumar S/O Jai Narayan Mahto R/O Village- Nawgawa, P.SYogapatti, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Kumar Dwivedy For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Chanpatia (Sarisia O.P) P.S. Case No. 87 of 2022 registered under Section 392 of the Indian Penal Code and Sections 25(1-b)a/27/35 of Arms Act. Allegation against the co-accused persons including this petitioner is that they snatched Rs. 1,01,000/- from the informant on pistol point. Further on protest, one of them fired and fled away from there. Co-accused, Akash Kushwaha apprehended on chase with one country made pistol. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in F.I.R. rather his name came into light in this case on the basis

Patna High Court CR. MISC. No.74814 of 2022(2) dt.24-03-2023 2/2 of confessional statement of other co-accused namely, Akash Kuswaha before the police. Neither any incriminating or stolen article has been recovered from the possession of the petitioner nor he has been put on T.I.P. He has no concern with the alleged offence and there is no direct evidence against the petitioner to implicate in this case. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 11.08.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Chanpatia (Sirisia O.P.) P.S. Case No. 87 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 the learned Chief Judicial Magistrate, West Champaran at Bettiah.

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