Subham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5700 of 2024 Arising Out of PS. Case No.-618 Year-2023 Thana- BARH District- Patna ====================================================== Subham Kumar S/O SURENDRA PRASAD MOHALLA- CHODI, PS. BARH, DIST. PATNA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tripurari Ambastha For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 395, 397 of the Indian Penal Code.

3. As per prosecution case, the informant alleged that some unknown miscreants entered in his house and committed theft and assaulted to his staff.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name came into light on the basis of confessional statement of co-accused Vikash Kumar @Rajiv Kumar before police which has got no evidentiary value in the eye of law. No any incriminating article has been

Patna High Court CR. MISC. No.5700 of 2024(2) dt.09-02-2024 2/2 recovered from conscious possession of the petitioner. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and languishing in judicial custody since 30.9.2023.

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 as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barh P.S. Case No. 618 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 ACJM, Barh or concerned court.

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