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Patna High CourtCR. MISC./7858/2023allowed

Bittu Kumar v. The State Of Bihar

2023-05-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7858 of 2023 Arising Out of PS. Case No.-397 Year-2022 Thana- JAMUI District- Jamui ====================================================== Bittu Kumar Son Of Ashok Ram Resident Of Village- Agahara, P.S.- Jamui, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yashraj Bardhan For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

The allegation against four unknown persons is that on 04.08.2022, they forcefully entered into Sharda Petrol Pump and looted three mobiles, cash of Rs. 50,000/- and other articles and fled away.

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 the FIR and there is no legal evidence found

Patna High Court CR. MISC. No.7858 of 2023(2) dt.02-05-2023 2/2 against the petitioner to connect him in this alleged crime except confessional statement of co-accused before the police which does not got evidentiary value in the eye of law. It is further submitted that the petitioner is languishing in judicial custody since 12.09.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jamui P.S. Case No. 397 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui. (Sunil Kumar Panwar, J) Manish/- U T