Patna High CourtCR. MISC./77390/2023bail granted

Bullet Sah @ Bulet Kumar v. The State Of Bihar

2023-12-05Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77390 of 2023 Arising Out of PS. Case No.-295 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Bullet Sah @ Bulet Kumar Son Of Prem Sah @ Prem Shah Resident Of Village- Kporaiya, P.O.- Adapur, P.S.- Mahuawa, District- East Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Suraj Kumar Tiwari, Advocate Mr. Shambhu Narayan Singh, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Muffasil Lakhaura P.S. case No. 295 of 2021 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution allegation, in short, is that while the informant was running from his motorcycle, four unknown accused persons stopped him and on the point of pistol, snatched two mobile and a motorcycle.

4. It has been submitted on behalf of the petitioner has four criminal antecedents in which he is on bail in two cases. The petitioner has falsely been implicated in the present

Patna High Court CR. MISC. No.77390 of 2023(2) dt.05-12-2023 2/3 case. The petitioner is not named in the F.I.R.. The name of the petitioner has transpired on the basis of confessional statement of co-accused namely Pradeep Kumar. The petitioner was arrested on 10.02.2023 in Chauradana (Mahuawa) P.S. case No. 39 of 2023 and remanded in the present case on 17.06.2023.The petitioner has not been put on T.I.P. to ascertain his participation in the present case. Similar co-accused has been granted bail by a Coordinate Bench of this Court vide order dated 23.12.2023 passed in Cr. Misc. No. 49297 of 2022.

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

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Muffasil Lakhaura P.S. case No. 295 of 2021 subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.77390 of 2023(2) dt.05-12-2023 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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