Patna High CourtCR. MISC./75257/2023bail granted

Praveen Kumar @ Pravind Kumar v. The State Of Bihar

2023-12-01Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75257 of 2023 Arising Out of PS. Case No.-146 Year-2023 Thana- KASMA District- Aurangabad ====================================================== Praveen Kumar @ Pravind Kumar Son of Randhir Yadav Resident of VillageGamhriya P.O.-Baksi Bigha P.S.- Kasma District Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bindeshwar Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kasma P.S. case No. 146 of 2023 instituted for the offences under Sections 420, 414, 465, 468, 34 of the Indian Penal Code.

3. As per prosecution case, the petitioner along with co-accused/Nitish Kumar was caught riding the stolen motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He is in custody since 21.08.2023. The petitioner has got two criminal antecedents as stated in paragraph no.3 of the present bail application. Learned counsel for the petitioner

Patna High Court CR. MISC. No.75257 of 2023(2) dt.01-12-2023 2/2 further submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel for the petitioner further submits that the co-accused/Nitish Kumar having similar allegation has been granted bail by a Co-ordinate Bench of this Court vide order dated 09.11.2023 passed in Cr. Misc. No. 72695 of 2023.

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

6. Considering the entire facts and circumstances of the case and the fact that the similarly situated co-accused has been granted bail by a Co-ordinate Bench of this Court, 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 learned Court below/concerned Court in connection with Kasma P.S. case No. 146 of 2023.

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