Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6864 of 2023 Arising Out of PS. Case No.-235 Year-2022 Thana- MAIRWAN District- Siwan ====================================================== Sachin Kumar Son Of Baidynath Singh R/V- Laxmipur, P.S.- Mairwa, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Sahni For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Mairwa P.S. Case No. 235 of 2022 registered under section 395 of the Indian Penal Code.

The allegation against the petitioner along with other co-accused persons is to commit dacoity and while committing so taken away cash of Rs. 2,82,410/-(Rupees Two Lakh Eighty two thousand and four hundred ten) from the bank.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.6864 of 2023(2) dt.11-04-2023 2/3 falsely been implicated in this case. The petitioner is not named in F.I.R. rather the name of the petitioner came into light in this case on the basis of confessional statement of other co-accused person, namely, Surgiv Kumar Yadav before the police. It is further submitted that neither any stolen article has been recovered from the conscious possession of the petitioner nor he has been put on T.I.P. He has no concern with the alleged offence. Moreover, he is languishing in judicial custody since 04.07.2022. Similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this court vide order dated 29.03.2023 in Cr. Misc. No. 69966 of 2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Mairwa P.S. Case No. 235 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties

Patna High Court CR. MISC. No.6864 of 2023(2) dt.11-04-2023 3/3 of the like amount each to the satisfaction of the learned C.J.M., Siwan.

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