Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13411 of 2023 Arising Out of PS. Case No.-207 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Sumit Kumar Son Of Pradeep Sah R/O Vill.- Lohiyanagar, P.S.- Mufassil, Distt.- Begusarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sarvottam Kumar For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 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 a case registered for the offences punishable under Sections 395, 397 of the Indian Penal Code.

The prosecution case in nutshell is that 6 miscreants committed robbery in the Khagaria Branch of Bandan Bank and fled away with rs. 40,72,799/-. They also assaulted guard, namely, Surav Kumar.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is

Patna High Court CR. MISC. No.13411 of 2023(2) dt.05-05-2023 2/2 named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his possession. The name of petitioner sprang up in this case on confessional statement of co-accused Md. Khurshid. Moreover, the petitioner is languishing in judicial custody since 30.05.2022. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Khagaria P.S. Case No. 207 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria.

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