Patna High CourtCR. MISC./4306/2024bail granted

Anuj Kumar v. The State Of Bihar

2024-02-02Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4306 of 2024 Arising Out of PS. Case No.-761 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== 1.

Anuj Kumar SON OF Narayan Singh @ Narad Singh @Narendra Prasad Singh Village- Fariyani P.S -maranga Distt -Purnea 2.

SURAJ KUMAR SON OF ANIL KUMAR Village -Malpatti, P.S.- Kamtaul, District -Darbhanga ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Diwakar Sinha, Advocate For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in K. Hat P.S. case No. 761 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution allegation, in short, is that the four unknown accused persons took away Rs. 1,26,754/- from the dickky of the motorcycle and also other belongings of the informant and fled away.

4. It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present case. Charge-sheet has been submitted in this case. The

Patna High Court CR. MISC. No.4306 of 2024(2) dt.02-02-2024 2/2 petitioners are not named in the F.I.R. The names of the petitioners have transpired on the basis of confessional statement of co-accused namely Chandan Kumar. No any incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have not been put on T.I.P. The petitioners are in custody since 07.09.2023. The petitioner No. 1 has one criminal antecedent in which he is on bail while the petitioner No. 2 has no criminal antecedent.

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 and 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 K. Hat P.S. case No. 761 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T