Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1484 of 2024 Arising Out of PS. Case No.-478 Year-2023 Thana- BARH District- Patna ====================================================== Pintu Kumar Son Of Vijay Rai @ Bijay Kumar Ray Resident Of VillageSabnima, P.S. - Athmalgola, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Barh P.S. Case No. 478 of 2023 registered for the offence under Section 392 of Indian Penal Code.

3. As per the allegation in the FIR three accused person with the help of weapons the two mobile phones, Rs. 3,100 of the informant snatched and also looted 24 iron centering plates and vibrator machine.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the possession of the petitioner. No Test Identification Parade has been held. He is custody since 04.08.2023.

Patna High Court CR. MISC. No.1484 of 2024(3) dt.19-03-2024 2/2

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. On perusal of FIR and impugned order dated 06.11.2023, it appears that petitioner is not named in the FIR. Considering the aforesaid facts and circumstances of the case and also taking into account the period of custody, let the petitioner, abovenamed, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - I, Barh Patna in connection with Barh P.S. Case No. 478 of 2023.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of proceeding of framing of charge. (Ramesh Chand Malviya, J) saurabhkr/- U T