Sunil Kumar @ Sunil Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7738 of 2024 Arising Out of PS. Case No.-85 Year-2023 Thana- PARSAUNI District- Sitamarhi ====================================================== SUNIL KUMAR @ SUNIL KUSHWAHA Son of Ram Babu Singh Resident of Village-Ram Nagra, P.S.-Riga, District-Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Kumar For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 392 of the Indian Penal Code.

3. As per prosecution case, the informant is a proprietor of the CSP Center of Bank of India, Parshurampur and he was going to Bank after withdrawing the amount of Rs. 1,97,000/- from the motorcycle, in the meantime, some unknown miscreants on the point of pistol snatched the key of the motorcycle, cash of Rs. 1,97,000/-, mobile from the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.7738 of 2024(2) dt.20-02-2024 2/2 committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Ram Vinay Mahto, which has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He is languishing in judicial custody since 03.10.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Parsauni P.S. Case No. 85 of 2023.

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