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Patna High CourtCR. MISC./2520/2023allowed

Harsh Kumar Kaushik @ Babu @ Kaushil @ Baba v. The State Of Bihar

2023-04-03Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2520 of 2023 Arising Out of PS. Case No.-265 Year-2021 Thana- BEUR District- Patna ====================================================== Harsh Kumar Kaushik @ Babu @ Kaushil @ Baba S/O Ajay Tiwari R/VBack Of Savita Cinema, Panchshil Nagar, P.S.- Barh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Beur P.S. Case No. 265 of 2021 registered under section 392 of the Indian Penal Code.

Allegation against the miscreants is that they suddenly entered in the flat of the informant and they closed the informant along with his friends in a room. Further, alleged that they took I-phone mobile and other mobile phones, ATM card, Pan card and some other documents along with some cash from the informant and from their friends.

Patna High Court CR. MISC. No.2520 of 2023(2) dt.03-04-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. The petitioner is not named in F.I.R. rather his name came into light in this case during investigation. It is further submitted that nothing stolen article has been recovered from the possession of the petitioner and also he has not been put on T.I.P. He has no concern with the alleged offence. He is languishing in judicial custody since 29.04.2022. Further, similarly situated other co-accused persons have already been granted bail by the different co-ordinate Bench of this Court vide order dated 11.04.2022 in Cr. Misc No. 62961 of 2021 and order dated 11.04.2022 in Cr. Misc. No. 67131 of 2021. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Beur P.S. Case No. 265 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the

Patna High Court CR. MISC. No.2520 of 2023(2) dt.03-04-2023 3/3 like amount each to the satisfaction of the learned A.D.J.- XXV, Patna.

(Sunil Kumar Panwar, J) shubham/- U T