Bishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7676 of 2024 Arising Out of PS. Case No.-513 Year-2023 Thana- GOPALPUR District- Bhagalpur ====================================================== Bishal Kumar Son of Arun Jha @ Arun Kumar Jha Resident of villagekataria , P.S.- Kursela, Distt-Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamlesh Kumar Pathak For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

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

3. As per F.I.R., the allegation against one unknown person and one Manish Kumar is that they have forcibly snatched the Toto Vehicle and mobile on the gun point from the informant.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case only on the basis of suspicion. The petitioner is not named in the F.I.R. rather his name has been surfaced during investigation on the basis of C.D.R. report that he was in talking term with other co-accused

Patna High Court CR. MISC. No.7676 of 2024(2) dt.17-02-2024 2/2 Manish Kumar. Neither the petitioner was arrested on the spot nor anything has been recovered from his conscious possession nor T.I.P. has been conducted to identify the real culprits. During investigation, no any tangible material has been found against the petitioner to show his complicity in this case. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 22.10.2023.

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 Additional Chief Judicial Magistrate 1st, Naugachia in connection with Gopalpur P.S. Case No.513 of 2023. (Sunil Kumar Panwar, J) lata/- U T