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Patna High CourtCR. MISC./23019/2021allowed

Sujeet Kumar @ Sujit Kumar v. The State Of Bihar

2021-09-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23019 of 2021 Arising Out of PS. Case No.-451 Year-2020 Thana- RANIGANJ District- Araria ====================================================== SUJEET KUMAR @ SUJIT KUMAR Son of Naresh Mandal Resident of Village - Laxmipur, Police Station - Raniganj, District - Araria. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Viveka Nand Singh For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-09-2021 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 four weeks of resumption of normal court proceeding. 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 Sections 461 and 379 of the Indian Penal Code.

The allegation against the petitioner is that he in association of other co-accused is said to have looted the mobile phones breaking the lock of the shop of the informant. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.23019 of 2021(2) dt.13-09-2021 2/2 that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. He is neither named in the F.I.R. nor was apprehended on the spot. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is inordinate and abnormal delay of seven days in lodging the F.I.R. without showing any plausible and cogent reasons for the same. The petitioner has been languishing in custody since 30.11.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 Raniganj P.S. Case No.451 of 2020. (Anjani Kumar Sharan, J) Trivedi/- U T