Ukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2882 of 2023 Arising Out of PS. Case No.-447 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Ukesh Kumar Son of Sanjay Singh R/V- Bichhiawan, P.S- Sandesh, DistBhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmesh Kumar Shrivastava For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-04-2023 As prayed for, learned counsel for the petitioner is permitted to make some necessary correction in the petition during course of day.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 395 of the IPC and submitted charge sheet u/s 395, 120B and 412 of the Indian Penal Code.

As per prosecution case, informant alleged that on 21.09.2022, while he was returning home from Chapra in the meantime some miscreants intercepted and looted cash of Rs. 30,000/- and other articles.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.2882 of 2023(2) dt.03-04-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of accused Sachin Kumar. Petitioner is not apprehended on the spot further nothing incriminating articles have been recovered from his possession. Neither the petitioner is named in the FIR nor he is put on TIP. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 22.09.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Udwant Nagar P.S. Case No. 447 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara. (Sunil Kumar Panwar, J) Manish/- U T