Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88670 of 2024 Arising Out of PS. Case No.-74 Year-2024 Thana- BALTHAR District- West Champaran ====================================================== Pintu Kumar S/o RAjendra Prasad R/o Village- Chargaha Sadak Tola, P.S.- Bettiah Muffasil, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Balthar P.S. Case No. 74 of 2024 instituted for the offences under Section 309(4) of the BNS.

3. Prosecution case, in short, is that three unknown miscreants accosted the informant while he was driving, hurled abuses, assaulted him, snatched his mobile phone and fled away.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of the co-accused Nadeem Server. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no

Patna High Court CR. MISC. No.88670 of 2024(3) dt.07-02-2025 2/2 concern with the looted mobile phone. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.10.2024 and has no criminal antecedent. The co-accused person has already been granted bail by this Court vide order dated 16.01.2025 passed in Cr. Misc. No. 89289 of 2024.

5. Learned A.P.P. 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, claim based on parity as also the period of custody undergone by the petitioner, 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Balthar P.S. Case No. 74 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T