Satyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79805 of 2024 Arising Out of PS. Case No.-137 Year-2024 Thana- Patarghat District- Saharsa ====================================================== Satyam Kumar S/O Jyotish Kumar @ Jyotish Kumar Singh R/O VillageLakshmipur, Ward No. 12, P.S- Patarghat, Distt.- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Kumar Singh, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Patarghat P.S. Case No. 137 of 2024 instituted for the offence under Sections 392 of the Indian Penal Code. Subsequently, Section 411 of the IPC and Sections 25(1-b)a, 26 & 35 of the Arms Act were added.

3.

Prosecution case in a nutshell is that while the informant was on his way he was accosted with three miscreants, who on the point of pistol taken away mobile phone and Rs. 7,000/- from the informant and fled away. Later, on ruckus, with the help of villagers accused were identified including the petitioner.

Patna High Court CR. MISC. No.79805 of 2024(2) dt.18-11-2024 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 01-07-2024. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is named in the FIR. Petitioner has no concern with the recovered arms as the same has been recovered from co-accused. It is alleged that one motorcycle has been recovered from the possession of the petitioner, but the same is registered in the name of sister of the petitioner. Petitioner was not put on T.I. Parade. Charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of the petitioner's implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

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

Patna High Court CR. MISC. No.79805 of 2024(2) dt.18-11-2024 3/3 Court below/concerned Court in connection with Patarghat P.S. Case No. 137 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T