Brajesh Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Brajesh Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted to petitioner Brajesh Kumar in Murliganj P.S. Case No. 163/2024 on bail-bond of Rs. 20,000/- with two sureties of the like amount each, subject to the condition of physical presence before the Court below on each and every date, failing which on two consecutive dates without reasonable cause the bail bond is liable to cancellation.

Issue for consideration

Whether the petitioner should be enlarged on regular bail in connection with Murliganj P.S. Case No. 163/2024 dated 17.04.2024 registered for the offence punishable u/s 392 IPC.

Court's answer

Considering the facts, circumstances and period of custody, the Court directed petitioner Brajesh Kumar to be enlarged on bail in connection with Murliganj P.S. Case No. 163/2024 upon furnishing a bail-bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of the learned Court concerned, Madhepura.

Ratio / Principle

Bail was made conditional on the petitioner remaining physically present before the Court below on each and every date, failing which on two consecutive dates without reasonable cause his bail bond would be liable to be cancelled.

Detailed headnote1 paragraphs

Bail granted - Patna High Court (Hon'ble Chandra Prakash Singh, J), Criminal Miscellaneous No.57706 of 2024, decided 27-08-2024 - Petitioner Brajesh Kumar applied for regular bail in Murliganj P.S. Case No.163/2024 dated 17.04.2024 (District Madhepura), registered for offence u/s 392 IPC, arising from an alleged looting of a motorcycle, golden chain, mobile phone, bluetooth and Rs. 500/- cash at pistol point by three unidentified miscreants. Petitioner was not named in the FIR; his name surfaced through the confessional statement of co-accused Ramesh Kumar, who had already been granted regular bail by this Court on 21.08.2024 in Cr. Misc. No.57301 of 2024. Counsel submitted that nothing was recovered from the petitioner's conscious possession, that he had five criminal antecedents, that he was remanded in four more criminal cases the same year after arrest, and that he had been in custody since 19.04.2024. Considering the facts, circumstances and period of custody, the Court enlarged the petitioner on bail on a bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Madhepura, conditional on his remaining physically present before the Court below on each and every date, failing which on two consecutive dates without reasonable cause the bail bond would be liable to be cancelled. Application stands allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57706 of 2024

Arising Out of PS. Case No.-163 Year-2024 Thana- MURLIGANJ District- Madhepura

======================================================

Brajesh Kumar Son Of Sanjay Yadav Village- Murho Tola, Gangapur, Ward No. 14, Ps- Murliganj, Dist- Madhepura

... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Uday Chand Prasad, Adv. Mr. Manoj Kumar, Adv. Ms. Pooja Prasad, Adv. For the Opposite Party/s : Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

ORAL ORDER

2 27-08-2024

Heard learned counsel for the petitioner and

learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Murliganj P.S Case No. 163/2024 dated 17.04.2024 registered for the offence punishable u/s 392 of the Indian Penal Code.

3. As per the prosecution case, three unknown miscreants boarded on a motorcycle are alleged to have looted motorcycle, golden chain, a mobile phone, bluetooth and Rs. 500/- cash on the point of pistol.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been

Patna High Court CR. MISC. No.57706 of 2024(2) dt.27-08-2024 2/3

implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Ramesh Kumar. The co-accused person has already been granted regular bail by this court vide order dated 21.08.2024 passed in Cr. Misc. No. 57301 of 2024. The petitioner has five criminal antecedents as stated in para 3 of the bail petition. Learned counsel has further submitted that the police after arresting the petitioner remanded him in four more criminal cases in the same year. The petitioner is in custody since 19.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhepura in connection with Murliganj P.S Case No. 163/2024, with the

Patna High Court CR. MISC. No.57706 of 2024(2) dt.27-08-2024 3/3

condition:-

(i). The petitioner is directed to remain physically

present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J)

Gautam/-

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