Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16827 of 2021 Arising Out of PS. Case No.-107 Year-2020 Thana- RAGHOPUR District- Supaul ====================================================== SUJEET KUMAR Son of Janardan Yadav Resident of Village - Talha Gadhiya (Malhanama), Ward No. 3, P.S. - Triveniganj, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prafull Chandra Thakur, Adv.

For the Opposite Party/s :

Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-10-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 394 of the Indian Penal Code and Section 27 of the Arms Act.

Informant alleged that while he was returning after shutting down his provision store along with his staff, four persons came on two motorcycles and looted away the bag containing Rs. 5,00,000/-. The informant did not disclose the name of the accused persons.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.16827 of 2021(3) dt.22-10-2021 2/2 petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that nothing has been recovered from the conscious possession of the petitioner and no TIP has been done as yet. He submits that petitioner has been made accused in this case on the basis of confessional statement of co-accused. He submits that similarly situated co-accused have been granted bail by coordinate Bench of this Court in Cr. Misc. No. 37702 of 2020 on 17.03.2021 and Cr. Misc. No. 12289 of 2021 on 29.06.2021. He further submits that petitioner bears one criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 06.10.2020.

Considering the facts and circumstances of the case and the fact that similarly situated persons have been granted bail, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Raghopur P.S. Case No. 107 of 2020.

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