Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79112 of 2023 Arising Out of PS. Case No.-121 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== Prakash Kumar S/O Indal Sahni Resident Of Village - Dhandhua, Police Station - Jandaha, District - Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ritesh Kumar Jha For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 395 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, informant is an employee in Dikhsha Indian Gas. It is alleged that four unknown miscreants, entered the office of the informant and threatened his co-employee and on the point of pistol looted 2 lakh rupees, which was kept in the office counter.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name

Patna High Court CR. MISC. No.79112 of 2023(3) dt.29-02-2024 2/2 of the petitioner has come into light, on the basis of spy. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He further submitted that the as alleged motorycle which was seized by the police, belongs to the petitioner. He is languishing in judicial custody since 06.06.2023.

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 Court concerned in connection with Patepur P.S. Case No. 121 of 2023.

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