Patna High CourtCR. MISC./77213/2023bail granted

Ohit @ Mohit Kumar @ Ohit Kumar v. The State Of Bihar

2023-12-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77213 of 2023 Arising Out of PS. Case No.-203 Year-2023 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Ohit @ Mohit Kumar @ Ohit Kumar Son of Late Santosh Kumar Choudhary Resident Of Village - Bangama, P.S. - Bahadurganj, District - Kishanganj ... ... Petitioner/s

Versus

The State of Bihar 2.

Chandan Kumar Das Son of Arun Kumar Das Resident of Village - Gagaria, P.S. - Angarh Hat, District - Purnea ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr.Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-12-2023 Heard learned counsel for the parties.

2. The petitioner seeks bail in connection with Kochadhaman P.S. Case No. 203 of 2023 instituted for the offences under Sections 379, 411 of the Indian Penal Code and Section 137/140 of the Electricity Act.

3. The accusation against the accused persons including the petitioner is of stealing the L.T. wire and other service wire by cutting the same.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has got no criminal antecedent. Learned counsel for the petitioner submits

Patna High Court CR. MISC. No.77213 of 2023(2) dt.05-12-2023 2/2 that the petitioner was working under the Informant as Electrician and for some dispute in respect of dues over payment of wages, the Informant managed the conspiracy with the help of local agents and made a false allegation against the petitioner. Learned counsel for the petitioner further submits that the co-accused persons, namely, Kaif Ansari @ Kaif and Md. Raja @ Raja have been granted bail by a Co-ordinate Bench of this Court vide order dated 09.11.2023 passed in Cr. Misc. No. 72278 of 2023.

5. The petitioner is in custody since 25.08.2023.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the entire facts and circumstances of the case as also taking into account the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kochadhaman P.S. case No. 203 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T