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Patna High CourtCR. MISC./81492/2024bail granted

Jeet Kumar @ Abhijit Kumar v. The State Of Bihar

2024-12-03Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81492 of 2024 Arising Out of PS. Case No.-167 Year-2024 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== 1.

Jeet Kumar @ Abhijit Kumar Son of Rajdev Yadav Resident of VillageLaxminagar, P.S- L.N.M.U., District- Darbhanga 2.

Murari Kumar Son of Ashok Mahto @ Ashok Kumar @ Ashok Kumar Mahto Resident of Village- Laxminagar, P.S- L.N.M.U., District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-12-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with L.N.M.U. P.S. Case No. 167 of 2024, instituted for the offences punishable under Sections 356, 379 of the Indian Penal Code and in which Section 411 was added later on.

3. The prosecution case, in short, is that, some unknown miscreants snatched the mobile phone of the informant and fled away from the spot. On complaint, the police apprehended one co-accused namely Md. Imtiyaz with the

Patna High Court CR. MISC. No.81492 of 2024(2) dt.03-12-2024 2/3 mobile phone of the informant.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material have been recovered from the conscious possession of the petitioners. Learned counsel for the petitioners also submits that the petitioner is not named in the FIR. Name of the petitioners have transpired on the basis of confessional statement made by co-accused Md. Imtiyaz and the same has got no evidentiary value. It is further submitted that no stolen article has been recovered from the possession of the petitioners. The petitioners are in custody since 06.08.2024 and have got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.81492 of 2024(2) dt.03-12-2024 3/3 below/concerned Court in connection with L.N.M.U. P.S. Case No. 167 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T