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Patna High CourtCR. MISC./2092/2020allowed

Ajay Kumar @ Santu v. The State Of Bihar

2020-03-20Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2092 of 2020 Arising Out of PS. Case No.-351 Year-2019 Thana- PARSABAZAR District- Patna ====================================================== Ajay Kumar @ Santu, aged about 32 years, Male, Son of Ramjee Prasad, Resident of Village - Kurkuri, P.S.- Phulwari Sharif, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-03-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Parsa P.S. Case No. 351 of 2019 registered for the offence punishable under Section 392 of the Indian Penal Code.

Prosecution story in brief is that F.I.R. has been lodged by the informant, namely, Divia Devi stating therein that she, her sister-in-law and her sister-in-law's husband were going back to their home on 19.09.2019. At around 8:25 P.M. when we reached at Dhanuchak More from north side of Punpun the distance between 100 mt., one Scorpio car was carrying number place in yellow and black colour, suddenly came from behind and surrounded them. One of them carried a desi pistol by

Patna High Court CR. MISC. No.2092 of 2020(3) dt.20-03-2020 2/3 which they threatened and snatched three mobile phones from each of them and a small purse containing Rs.1,000/-. They further threatened to kill them and told that did not inform the police. After that they came to the police station and informed them on which the police officials along with her sister-in-law's husband went to catch them.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. He further submits that the petitioner is not named in the F.I.R. The petitioner has been arrested on the basis of confessional statement of the co-accused Kanchan Kumar. He further submits that the co-accused Kanchan Kumar has been granted bail by the court below itself. Learned counsel for the petitioner further submits that on the basis of his confessional statement, certain article of robbery has been recovered. Learned counsel for the petitioner further submits that the petitioner is in jail custody since 22.09.2019.

In the facts and circumstances of the case, let the petitioner above named be released on bail after completion of nine months from the jail custody on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of A.D.J. XIII, Patna in connection with

Patna High Court CR. MISC. No.2092 of 2020(3) dt.20-03-2020 3/3 Parsa Bazar P.S. Case No. 351 of 2019.

Accordingly, this application is allowed.

(Anjani Kumar Sharan, J) Nasimul/- U T