Patna High CourtCR. MISC./79604/2024bail granted

Arvind Kumar v. The State Of Bihar

2024-11-12Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79604 of 2024 Arising Out of PS. Case No.-215 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== Arvind Kumar Son of Jiyalal Sahani @ Jaylal Sahni Resident of village -Sauda Barji, P.S.- Motipur, Distt.-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Piprakothi P.S. Case No. 215 of 2022 instituted for the offences under Sections 328, 420, 392, 34 of the Indian Penal Code.

3. As per prosecution case, three unknown miscreants committed crime of robbery by taking away truck loaded with 1500 containers of palm oil.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and nothing incriminating has been recovered from the conscious possession

Patna High Court CR. MISC. No.79604 of 2024(2) dt.12-11-2024 2/3 of the petitioner. The petitioner has also not been put to Test Identification Parade. The name of the petitioner has transpired in this case on the basis of the confessional statement of coaccused Ranjan Kumar. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no concern with the alleged occurrence. The petitioner has one criminal antecedent in which he is on bail and is languishing in judicial custody since 30.08.2024 without any rhymes or reason.

5. Learned counsel for the petitioner again submits that the co-accused namely Sandeep Kumar @ Sandip Kumar has been granted bail by this Court vide order dated 20.09.2024 passed in Cr. Misc. No. 67313 of 2024.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, 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 Piprakothi P.S. Case

Patna High Court CR. MISC. No.79604 of 2024(2) dt.12-11-2024 3/3 No. 215 of 2022.

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