Patna High CourtCR. MISC./75709/2023allowed

Brajesh Kumar v. The State Of Bihar

2023-11-30Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75709 of 2023 Arising Out of PS. Case No.-223 Year-2023 Thana- DUMARIAGHAT District- East Champaran ====================================================== BRAJESH KUMAR SON OF KAMESHWAR RAY @ KAMOSHWAR RAI RESIDENT OF VILLAGE - BALAVANT TOLA (BALBANT TOLA), P.S. - DORIGANJ, DISTRICT - SARAN AT CHAPRA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 393 of the Indian Penal Code.

3. As per prosecution case, the petitioner along with other co-accused persons are said to have attempted to rob the informant while he was going by his vehicle. This petitioner was apprehended on spot from whose possession, one mobile was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case only on the basis of mere

Patna High Court CR. MISC. No.75709 of 2023(3) dt.30-11-2023 2/2 suspicion. He has no concerned with the alleged occurrence or co-accused persons. Nothing incriminating has been recovered from his conscious possession. It is further submitted that this case is triable by court of Judicial Magistrate. He has got no criminal antecedent and languishing in judicial custody since 10.8.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dumariya Ghat P.S. Case No. 223 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran. (Sunil Kumar Panwar, J) Amandeep/- U T