Roshan Kumar Mehta @ Roshan Kumar @ Roshan Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77242 of 2024 Arising Out of PS. Case No.-10 Year-2023 Thana- JADIA District- Supaul ====================================================== Roshan Kumar Mehta @ Roshan Kumar @ Roshan Mehta S/o- Ganesh Prasad Mehta Resident of village- Ratanpura ward No 8, PS-Ratanpura District- Supaul ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kamal Kishore Singh For the Opposite Party/s :
Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-11-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with S.T. No. 164 of 2024 arising out of Jadiya P.S. Case No. 10 of 2023 dated 12.01.2023 registered for the offences punishable u/s 395 of the Indian Penal Code.
3. As per the prosecution case, 8-10 unknown miscreants intercepted the truck of the informant and looted the same which was loaded with 2160 kgs of Makhana and also snatched mobile phone and Rs. 12,000/- on the point of pistol.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused Ashish
Patna High Court CR. MISC. No.77242 of 2024(2) dt.13-11-2024 2/2 Kumar. Nothing has been recovered from the conscious possession of the petitioner. No T.I.P. has been conducted by the prosecution. The co-accused person has already been granted regular bail by this court vide order dated 27.06.2024 passed in Cr. Misc. No. 27276 of 2024. The petitioner has four criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 29.09.2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Supaul in connection with S.T. No. 164 of 2024 arising out of Jadiya P.S. Case No. 10 of 2023 with the following condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T