Amit Kumar Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.981 of 2025 Arising Out of PS. Case No.-57 Year-2023 Thana- GORIAKOTHI District- Siwan ====================================================== Amit Kumar Dubey, S/o Sri Upendra Dubey, R/o vill - Sathwar, P.S.- Goreya Kothi, Distt. - Siwan (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Kanhaiya Kishore (APP.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 28-02-2025 Heard Mr. Vijay Kumar Sinha, learned counsel for the petitioner and Mr.Kanhaiya Kishore, learned APP for the State.

2. The petitioner has prayed for bail in connection with Goreya Kothi P.S. Case No.57 of 2023 registered for the offence punishable under Section 394 of the Indian Penal Code.

3. The case of the prosecution is that the informant was coming on his bike and while he reached near Sisai More, bikers surrounded him and took away cash of Rs. 8,000/-, credit card, debit card, driving license and also a mobile was taken away by the miscreants.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is also submitted that the FIR was lodged against unknown miscreants. During course of

Patna High Court CR. MISC. No.981 of 2025(2) dt.28-02-2025 2/2 investigation, one Simant Singh was apprehended and he has given his confessional statement. In his confessional statement, the name of this petitioner has sufaced and thereafter, the petitioner was remanded in this case from Goreya Kothi P.S. Case No. 87 of 2023. Nothing has been recovered from his possession. Similarly situated co-accused namely, Ankit Singh has been granted bail by this Court vide order dated 04.02.2025 passed in Cr. Misc. No. 80353 of 2024. Moreover, he is languishing in judicial custody since 13.09.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Goreya kothi P.S. Case No. 57 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Siwan.

(Ashok Kumar Pandey, J) lata/- U T