Kaushal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83561 of 2023 Arising Out of PS. Case No.-209 Year-2023 Thana- HARLAKHI District- Madhubani ====================================================== Kaushal Kumar, Son Of Rangalal Mahto, Resident Of Village - Gangaur, Ward No.8, P.S. - Harlakhi, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jagjit Roshan, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Harlakhi P.S. Case No. 209 of 2023 for the offence registered under Sections 399, 402/34 of the I.P.C. and under Sections 25(1-b) a/ 26 of the Arms Act.

3. Allegation against the petitioner is that he along with other accused persons were planning to commit dacoity in a Bank and after seeing the police party they tried to fled away out of which four persons were caught including the petitioner and on search a countrymade pistol, three live cartridges and a motorcycle was recovered from them.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the

Patna High Court CR. MISC. No.83561 of 2023(2) dt.18-01-2024 2/2 present case only on the basis of suspicion. He submitted that save and except a mobile phone nothing was recovered from possession of the petitioner and the said mobile phone belongs to the petitioner itself. He has further submitted that the similarly situated co-accused has already been granted regular bail by this Court vide order dated 10.01.2024 passed in Cr. Misc. No. 81907 of 2023. Petitioner is in jail custody since 01.08.2023 having no criminal antecedent.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in Harlakhi P.S. Case No. 209 of 2023.

(Sunil Dutta Mishra, J) khushbu/- U T