Balwant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13 of 2024 Arising Out of PS. Case No.-53 Year-2023 Thana- SANDESH District- Bhojpur ====================================================== Balwant Kumar S/O Arun Kumar Singh @ Arun Yadav @ Arjun Yadav R/O Village- Rampur,Post Office- Pratappur, P.S- Chandi, Distt.- Bhojpur At Ara. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Radha Krishna, Advocate For the State :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sandesh P.S. Case No. 53 of 2023 instituted for the offence under Section 394 of the Indian Penal Code and 27 of the Arms Act.

3.

As per the prosecution case, informant was accosted by four unknown miscreants on truck when he was stranded in traffic, whereafter they demanded extortion to the tune of Rs. 3,000/- on gun point. Meanwhile, one of the accused persons fired, due to which driver of the truck got injured.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.13 of 2024(2) dt.19-01-2024 2/3 that the petitioner has been remanded in this case on 21-082023 from Sandesh P.S. Case No. 143 of 2023. Petitioner bears one criminal antecedents, 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. Name of the petitioner has been surfaced in this case due to confessional statement of co-accused, namely, Bablu Kumar. It is also submitted that no T.I. Parade was conducted and there is no recovery from the conscious possession of the petitioner. Charge-sheet has already been submitted in this case.

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 the fact that charge sheet has already been submitted, 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 Sandesh

Patna High Court CR. MISC. No.13 of 2024(2) dt.19-01-2024 3/3 P.S. Case No. 53 of 2023.

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