Madhusudhan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18 of 2024 Arising Out of PS. Case No.-166 Year-2023 Thana- BUXAR District- Buxar ====================================================== Madhusudhan Kumar Son of Late Ganesh Singh R/o Mohalla - Nai Bazar Mathiya, ward no. 4, P.S. - Buxar (Town), Distt. - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Arun Kumar Gupta, Advocate For the State :

Mr. Prem Kumar Jha, 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 Buxar (Town) P.S. Case No. 166 of 2023 instituted for the offence under Section 392 of the Indian Penal Code.

3.

As per the prosecution case, the F.I.R. has been lodged against three unknown accused persons against whom the allegation is of robbery.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19-09-2023. Petitioner bears three criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.18 of 2024(2) dt.19-01-2024 2/2 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, Bharat Pandey, who has been granted bail by this Court vide order dated 1001-2024, passed in Cr. Misc. No. 84711 of 2023. It is also submitted that no incriminating article has been recovered from the possession of the petitioner and there is no T.I. Parade conducted 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 claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail, but only after framing of charges, if not framed, 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 Buxar (Town) P.S. Case No. 166 of 2023.

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