Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71416 of 2022 Arising Out of PS. Case No.-350 Year-2022 Thana- MURLIGANJ District- Madhepura ====================================================== Bhushan Kumar Son Of Jugeshwar Das R/O Ward No.6, Village- Brindawan, P.S.- Murliganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Sharda Kumari, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-04-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Murliganj P.S Case No. 350 of 2022 dated 31.07.2022 registered for the offences punishable u/s 395 of the Indian Penal Code.

As per the prosecution case, six miscreants boarded on two motorcycle came and entered the shop of the informant and looted Rs. 1,50,000/- and a Vivo mobile phone on the point of arms.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.71416 of 2022(2) dt.19-04-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the coaccused Shubham Kumar Suman. The other co-accused person has already been granted bail by the Co-ordinate Bench vide order dated 15.03.2023 passed in Cr. Misc. No. 67849 of 2022. No T.I. Parade has been conducted by the prosecution. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.08.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhepura in connection with Murliganj P.S. Case No. 350 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T