Brajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75000 of 2022 Arising Out of PS. Case No.-406 Year-2022 Thana- GHORASAHAN District- East Champaran ====================================================== BRAJESH KUMAR S/O RAMSURAT CHAUDHARY Resident of VillageJagdishpur, P.S.- Sahebganj, District- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sarva Deo Singh For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 392 of the Indian Penal Code.

The informant is Branch Manager of Bharat Finance Company, two miscreants, who have concealed their faces by helmet and mask, entered into the office and committed loot from his company. They took away a bag containing Rs. 10,53,425/- It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and

Patna High Court CR. MISC. No.75000 of 2022(4) dt.21-06-2023 2/3 the same has been lodged against unknown persons. The name of the petitioner has come on the basis of confessional statement of co-accused Vishal Kumar. The said co-accused Vishal Kumar has said that co-accused Rajesh Kumar and Brajesh Kumar are responsible for this loot. He has said that both co-accused Rajesh Kumar Tiwari and Brajesh Kumar has connived regarding the said loot from the Bharat Finance Company. Nothing incriminating/looted article has been recovered from the conscious possession of the petitioner. The money, which was earned from the selling of the agriculture product and which was meant for other purpose was lying in the room of this petitioner and the police has claimed that it has been recovered the money of loot out of Rs.

10,53,425/- He further submitted that the other co-accused has already been granted bail by a Coordinate Bench vide order dated 29.03.2023 passed in Cr. Misc. No. 71397 of 2022. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 14.08.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on

Patna High Court CR. MISC. No.75000 of 2022(4) dt.21-06-2023 3/3 bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Sikarhana, Dhaka, East Champaran (Motihari) in connection with Ghorasahan P.S. Case No. 406 of 2022.

(Sunil Kumar Panwar, J) arish/- U T