Kaushal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1005 of 2023 Arising Out of PS. Case No.-49 Year-2021 Thana- BARAUNI District- Begusarai ====================================================== KAUSHAL KUMAR S/o Mahesh Sah R/v- Chakballi, P.S.- Barauni, DistrictBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 392 the Indian Penal Code but the charge-sheet has been submitted u/s 392, 397 of the I.P.C.

As per prosecution case, the informant, being collection agent of Arohan Financial Limited, Barauni Branch, alleged that while he was proceeding towards the said branch, meanwhile, two motorcycle borne persons intercepted him and forcibly took away Rs. 57,500/- on the point pistol. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR and he has falsely been

Patna High Court CR. MISC. No.1005 of 2023(3) dt.17-07-2023 2/2 implicated in this case. No any looted cash or article has been recovered from conscious possession of the petitioner rather his name was surfaced in this case on the basis of confession made by co-accused Bablu Kumar who is already getting privilege of bail granted by a co-ordinate Bench of this court vide order dt. 26.4.2022 passed in Cr. Misc. No. 69344 of 2021, hence the case of this petitioner stands on similar footing of that of coaccused. Moreover, the petitioner is languishing in judicial custody since 24.2.2021.

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

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 Barauni (Garhara) P.S. Case No. 49 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai. (Sunil Kumar Panwar, J) Amandeep/- U T