Subash Kumar @ Subash Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8072 of 2024 Arising Out of PS. Case No.-292 Year-2023 Thana- JALALPUR District- Saran ====================================================== Subash Kumar @ Subash Kumar Mahto S/O Bhagrashan Mahto Resident Of Village-Sakaddi, P.S.-Jalalpur, District-Saran At Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Singh For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== 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 registered for the offence punishable under section 392 of the Indian Penal Code.

3. Allegation against three miscreants is that they snatched Rs. 3,000/- along with the mobile of the informant. It is further alleged that they slapped and stabbed him as well.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of co-accused, namely, Sonu Kumar before the police which has got no evidentiary value in the eye

Patna High Court CR. MISC. No.8072 of 2024(2) dt.20-02-2024 2/2 of law. Nothing looted article has been recovered from the conscious possession of the petitioner rather the recovery of socalled mobile and motorcycle are his own articles not of the informant of this case. Petitioner has not been put on TI parade as yet. Moreover, he is languishing in judicial custody since 15.11.2023.

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 of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jalalpur P.S. Case No. 292 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 A.C.J.M.-13th, Saran at Chapra.

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