Girish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.663 of 2025 Arising Out of PS. Case No.-531 Year-2023 Thana- BARBIGHA District- Sheikhpura ====================================================== Girish Kumar S/O Dharmendra Sah R/O Village- Naya Tola Simiri, P.SBakhtiyarpur, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashmi Sharma, Advocate For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Barbigha P.S. Case No. 531 of 2023 instituted for the offence under Section 395 of the Indian Penal Code. Earlier vide order dated 02-08-2024, passed in Cr. Misc. No. 57053 of 2024, prayer for grant of anticipatory bail of the petitioner was rejected.

3.

The prosecution case in short is that the informant is the Area Manager of 'Ashirvad Micro Finance Ltd' and he is posted at Akhorigola. It is alleged that some unknown persons attacked his branch and looted away gold, cash of Rs. 2,11,245/- and other articles.

Patna High Court CR. MISC. No.663 of 2025(2) dt.10-01-2025 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19-09-2024. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that no recovery has been made from the possession of the petitioner. It is submitted that recovery has been made from the rented house of co-accused, namely, Krishna Murari. The petitioner is not named in the FIR. Name of the petitioner transpired in this case on the basis of confessional statement of co-accused, Nitish Kumar, who has already been granted bail by this Court vide order dated 14-05-2024, passed in Cr. Misc. No. 29004 of 2024. Learned counsel for the petitioner lastly submitted that no T.I. parade has been conducted. Other co-accused has been granted bail by this Court vide order dated 08-04-2024, passed in Cr. Misc. No. 25592 of 2024.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based

Patna High Court CR. MISC. No.663 of 2025(2) dt.10-01-2025 3/3 on parity, this Court is inclined to grant bail to the petitioner. 8.

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 Barbigha P.S. Case No. 531 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T