Prabhu Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79827 of 2024 Arising Out of PS. Case No.-345 Year-2024 Thana- SITAMARHI District- Sitamarhi ====================================================== Prabhu Bhagat S/O Late Mahendra Bhagat Resident of Village- Madanpur, Ward No. 5, P.S.- Parsauni, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurav Anand, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-02-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Sitamarhi P.S. Case No. 345 of 2024 instituted for the offence under Sections 394 & 397 of the Indian Penal Code and Section 27 of the Arms Act.

3.

As per prosecution case, informant was attacked by three armed miscreants on a motorcycle while waiting near a college on 06-06-2024. They attempted to snatch his bag, and upon resistance, they shot him in the right palm before fleeing with his belongings. His uncle later arrived and took him to the hospital, leading to the registration of the present FIR. 4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.79827 of 2024(3) dt.13-02-2025 2/3 that the petitioner is in custody since 12-07-2024. Petitioner bears six criminal antecedents, 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 not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Jai @ Jack Kejriwal. It is next submitted that petitioner was not put on T.I.P. Nothing has been recovered from the possession of the petitioner. There is no allegation of firing against the petitioner, as per confessional statement of cocussed, namely, Jack Kejriwal. Learned counsel for the petitioner next submits that police after investigation has already submitted charge sheet in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Referring to paragraph Nos. 6, 7 & 10 of the case diary, it is submitted that witnesses have supported the prosecution case. 7.

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

Patna High Court CR. MISC. No.79827 of 2024(3) dt.13-02-2025 3/3 8.

Let the petitioner be released on bail, after framing of charge, if not already framed, 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 Sitamarhi P.S. Case No. 345 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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