Kamta Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82750 of 2023 Arising Out of PS. Case No.-67 Year-2023 Thana- KOTHI District- Gaya ====================================================== Kamta Kumar Son Of Tribhuvan Bhuiyan R/O Village- Barakala, P.S.- Kothi, Dist.- Gaya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Madhuri Kumari For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 392 of the Indian Penal Code.

The prosecution case in nutshell is that 3 miscreants on motorcycle snatched mobile phone and bag from the possession of petitioner, containing Rs. 1,50,000/- cash.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.82750 of 2023(2) dt.20-12-2023 2/3 falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his conscious possession. The name of petitioner sprang up in this case merely on the basis of suspicion, during investigation of the case. Moreover, the petitioner is languishing in judicial custody since 24.06.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused Mritunjay Kumar has been granted bail vide order dated 01.11.2023, passed in Cr. Misc. No. 68914 of 2023 by the co-ordinate Bench of this Court. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on

Patna High Court CR. MISC. No.82750 of 2023(2) dt.20-12-2023 3/3 bail in connection with Kothi P.S. Case No. 67 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Sherghati, Gaya.

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