Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86627 of 2024 Arising Out of PS. Case No.-74 Year-2024 Thana- CHAORI District- Bhojpur ====================================================== Suraj Kumar S/o Kamlesh Ray R/o vill - Manichapra, P.s. - Barhara, Distt.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akash Kumar Mishra, Advocate For the Opposite Party/s :
Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Chauri P.S. Case No. 74 of 2024, instituted for the offences punishable under Section 392 of the Indian Penal Code.
3. The prosecution case, in short, is that, four unknown miscreants intercepted and on the point of pistol looted jewellery along with two mobile phones and motorcycle of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious
Patna High Court CR. MISC. No.86627 of 2024(2) dt.11-12-2024 2/3 possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement made by co-accused Sanjay Singh and the same has got no evidentiary value. It is further submitted that neither any looted articles have been recovered from the possession of the petitioner nor any T.I. parade has been conducted in this case. The petitioner is in custody since 29.07.2024 and has got two criminal antecedents in which the petitioner is on bail in both the cases. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 29.10.2024 passed in Cr. Misc. No. 78261 of 2024.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.86627 of 2024(2) dt.11-12-2024 3/3 below/concerned Court in connection with Chauri P.S. Case No. 74 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/- U T