Kailash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1174 of 2024 Arising Out of PS. Case No.-432 Year-2023 Thana- GOPALPUR District- Bhagalpur ====================================================== KAILASH KUMAR SON OF MAHESHWARI SAH RESIDENT OF VILLAGE - JHALLU DAS TOLA, TINTANGA DIARA (SOUTH), P.S. - RANGRA (O.P.), GOPALPUR, DISTRICT - BHAGALPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Thakur, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-03-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Gopalpur (Rangra) P.S. Case no. 432 of 2023, registered under section 392 of the Indian Penal Code.

3. As per the prosecution case, the informant states that three persons on a motorcycle overtook the informant and on point of a country made pistol took away the bag containing Rs.99,600/- besides other articles.

4. Learned counsel for the petitioner submits that the F.I.R. was registered against unknown. The name of the petitioner transpired in the confessional statement of co-accused Bihari Kumar who has himself been enlarged on bail vide order

Patna High Court CR. MISC. No.1174 of 2024(3) dt.21-03-2024 2/2 dated 1.3.2024 passed in Cr. Misc. no.13984 of 2024. The petitioner is in custody since 22.9.2023 and chargesheet has been submitted in the case without putting the petitioner on T.I. parade.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the name of the petitioner transpiring in the confessional statement of coaccused Bihari Kumar who has himself been enlarged on bail by the aforesaid order dated 1.3.2024, charge-sheet having been submitted in the case without putting the petitioner on T.I. parade and the petitioner being in custody since 22.9.2023, the petitioner is directed to be enlarged on bail in connection with Gopalpur (Rangra) P.S. Case no. 432 of 2023, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM III, Naugachiya, District Bhagalpur.

(Partha Sarthy, J) Saurabh/- U T