Punit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84921 of 2023 Arising Out of PS. Case No.-122 Year-2023 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== 1.

Punit Kumar Son Of Opender Yadev @ Upender Yadav Resident Of VillageHusaina, Ps- Mednichoki, Distt- Lakhisarai 2.

Karan Kumar Son Of Ranjan Yadav Resident Of Village- Husaina, PsMednichoki, Distt- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 395 of the Indian Penal Code.

The prosecution case in nutshell is that petitioners along with other co-accused persons came to the house of informant, knocked the door and asked to open the door. It is further alleged that on not opening the same, they started abusing and threatening to dire

Patna High Court CR. MISC. No.84921 of 2023(2) dt.10-01-2024 2/3 consequences. Thereafter, on not opening the gate, they took away the motorcycle which was parked in-front of the gate.

It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have falsely been implicated in the present case. Neither the petitioners are apprehended on spot nor anything incriminating has been recovered from their possession. It is further submitted that the looted motorcycle was recovered on the basis of confessional statement of one Veena Devi. Moreover, the petitioner No. 1, Punit Kumar is languishing in judicial custody since 01.08.2023 and Petitioner No. 2, has suo-motto surrendered on 25.08.2023 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,

Patna High Court CR. MISC. No.84921 of 2023(2) dt.10-01-2024 3/3 this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Mednichouki P.S. Case No. 122 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Lakhisarai.

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