Arjun Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9090 of 2023 Arising Out of PS. Case No.-432 Year-2022 Thana- MUFFASIL District- West Champaran ====================================================== Arjun Nut S/O Rajendra Nat R/O Village- Chhawani Ward No- 2, P.S- Bettiah Muffasil (Manupool O.P), District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 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 Sections 147, 148, 149, 323, 324, 307, 356, 379 and 325 of the Indian Penal Code.

As per prosecution case, informant alleged that on 30.05.2022 at about 01:00 A.M. while he was returning home from his shop, in the meantime, 4-5 accused persons including the petitioner came and started assaulting him by means of lathi-danda and Knife. Thereafter, they snatched Rs. 2,34,500/- one motorcycle bearing No. BR22AL-8349

Patna High Court CR. MISC. No.9090 of 2023(2) dt.17-04-2023 2/3 and other articles from the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion. There is no eye-witness of the alleged occurrence. No any looted articles, as alleged, have been recovered from the conscious possession of the petitioner to show his complicity in the alleged offence. There is general and omnibus allegation against the petitioner. A statement has been made in para 3 of the petition that petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 18.11.2022. Similarly situated co-accused, namely, Kundan Kumar Sah has been granted Bail vide order dated 13.03.2023, passed in Cr. Misc. No. 71637 of 2022 by this Court.

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

Patna High Court CR. MISC. No.9090 of 2023(2) dt.17-04-2023 3/3 connection with Bettiah Muffasil P.S. Case No. 432 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., Bettiah, West Champaran.

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