Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5592 of 2023 Arising Out of PS. Case No.-7 Year-2022 Thana- SUPPI District- Sitamarhi ====================================================== ANIL KUMAR S/O BAIJU SAH Resident of Village- Nandwara Ward No.- 7, P.S.- Bairgania, District- Sitamarhi.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 395 of the Indian Penal Code, Section 27 of the Arms Act and 3⁄4 of the Explosive Substance Act.

As per prosecution case, about 25-30 unidentified persons attacked over the residence of informant and barged in the general store of his brother and nephew and after breaking open the lock, they took away the articles and money from the shop.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR. He

Patna High Court CR. MISC. No.5592 of 2023(2) dt.10-04-2023 2/2 submitted that the name of the petitioner has come into light on the basis of confessional statement of co-accused Jitendra Paswan, which has got no evidentiary value in the eyes of law. He submitted that nothing has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 12.08.2022.

The application for bail is opposed by learned APP for the State.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sitamarhi in connection with Suppi P.S. Case No. 07 of 2022. (Sunil Kumar Panwar, J) arish/- U T