Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7729 of 2023 Arising Out of PS. Case No.-864 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Amit Kumar Son Of Ranjit Kumar Singh R/O Village- Fulwariya Ward No.7, P.S.- Mahua, District- Vaishali At Hajipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Arbind Kumar Singh For the Opposite Party/s :

Mr. Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-06-2023 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 394 of the Indian Penal Code.

As per prosecution case, when the informant went at Ramashish Chowk, Hajipur for the purchase of mobile set where four unknown persons were present who took him near a desolate place. Thereafter, on pistol point, the miscreants transferred all money through phone pay App from the mobile of informant. The accused persons also assaulted the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather he has falsely been implicated in this case on the basis of suspicion. It is further

Patna High Court CR. MISC. No.7729 of 2023(3) dt.21-06-2023 2/2 submitted vide para 11 of the petition that during course of investigation, C.D.R. of mobile no. 6206007893 has been obtained which reflect the above mentioned mobile no. belongs to one Aman Raj who is elder brother of the petitioner and the same was given to one Rishabh Pintu before six months in good faith. Later on, Rishabh Pintu said that the same SIM has been lost and he misused the same as such, no involvement of the petitioner has been found. Moreover, the petitioner has got no criminal antecedent and languishing in custody since 8.11.2022. 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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Goraul P.S. Case No. 864 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 C.J.M., Vaishali at Hajipur. (Sunil Kumar Panwar, J) Amandeep/- U T