Madhav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87235 of 2024 Arising Out of PS. Case No.-92 Year-2024 Thana- PURNAHYA District- Sheohar ====================================================== Vishal Aman @ Rahul Kumar Son of Nageshwar Prasad Yadav Resident of Village- Ranjitpur, PS- Punaura, Distt.- Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 90255 of 2024 Arising Out of PS. Case No.-92 Year-2024 Thana- PURNAHYA District- Sheohar ====================================================== Madhav Kumar Son of Jitendra Paswan Resident of Village -Gaushala Chowk, Ward No. 19, PS- Sitamarhi, Distt.- Sitamarhi ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 87235 of 2024) For the Petitioner/s :

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

Mr. Chandra Bhushan Prasad, APP (In CRIMINAL MISCELLANEOUS No. 90255 of 2024) For the Petitioner/s :

Mr. Quamar Raza, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-01-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seeks bail in connection with Purnahiya P.S. Case No. 92 of 2024 instituted for the offences under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that, three unknown

Patna High Court CR. MISC. No.87235 of 2024(4) dt.31-01-2025 2/3 miscreants snatched the bag of the informant containing Laptop, mobile phone, ID Card, Passport, some other documents and cash amounting to Rs. 1,00,000/- on the point of pistol and fled away.

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. Petitioners are not named in the F.I.R. The name of the petitioner, namely Vishal Aman @ Rahul Kumar has transpired in this case during investigation on the basis of spy whereas the name of the petitioner, namely, Madhav Kumar has transpired in this case on the basis of confessional statement of the coaccused Sonu Kumar @ Vinay Singh. No incriminating article has been recovered from the conscious possession of the petitioners. Learned counsel further submitted that petitioners have no concern with the looted articles. There is no compliance of Section 103 of the BNSS. It has been submitted on behalf of the petitioners that the petitioners are in custody since 07.09.2024. Petitioner namely, Vishal Aman @ Rahul Kumar has no criminal antecedent whereas petitioner namely, Madhav Kumar has one criminal antecedent. The co-accused person has already been granted bail by this Court vide order dated 04.12.2024 passed in Cr. Misc. No. 82994 of 2024.

Patna High Court CR. MISC. No.87235 of 2024(4) dt.31-01-2025 3/3

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Purnahiya P.S. Case No. 92 of 2024.

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