Kailash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86438 of 2023 Arising Out of PS. Case No.-211 Year-2023 Thana- CHAUSA District- Madhepura ====================================================== Kailash Kumar Son Of Awadhesh Yadav Resident Of Village - Shankarpur, Police Station - Chausa, District - Madhepura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Surya Narayan Yadav For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail registered under section 394 of the Indian Penal Code.

Prosecution case relates to robbery of tractor which was fully loaded with brick.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in F.I.R. rather his name came

Patna High Court CR. MISC. No.86438 of 2023(2) dt.12-01-2024 2/3 into light in this case on the basis of confessional statement of other co-accused, Manti Kumar. Nothing incriminating has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 28.08.2023. Similarly situated co-accused Raushan Kumar has been granted bail vide order dated 11.01.2024, passed in Cr. Misc. No. 86292 of 2023 by this Court.

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

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Chausa P.S. Case No. 211 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.86438 of 2023(2) dt.12-01-2024 3/3 amount each to the satisfaction of the learned S.D.J.M., Udakishunganj, Madhepura.

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