Saurabh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10842 of 2023 Arising Out of PS. Case No.-355 Year-2022 Thana- CHHAURADANO District- East Champaran ====================================================== Saurabh Kumar Son Of Dinesh Kumar @ Dinesh Kumar Singh Resident Of Village - Branti, Post - Bidupur Railway Station, P.S.- Rajapakar, District - Vaishali 844502 (Bihar).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Singh Mr. Md. Ghulam Mustafa Ms. Jyoti Joshi For the Opposite Party/s :
Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2023 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 connection with Chhauradano P.S. Case No. 355 of 2022 registered under section 392 of the Indian Penal Code and Sections 25(1-b) (a) of the Arms Act was added later on.
Allegation against the three miscreants persons is that they snatched Rs. 11,000/- along with mobile from the informant on pistol point and fled from there. Further alleged that there is recovery of 2 live cartridges and 2,000/- from the
Patna High Court CR. MISC. No.10842 of 2023(2) dt.19-04-2023 2/3 possession of the petitioner.
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 F.I.R. rather his name came into light during the course of investigation. It is further submitted that nothing looted article has been recovered from the conscious possession of the petitioner and also he has not been put on T.I.P. It is also submitted that he was not arrested from the place of occurrence. He has no concern with the seized cartridges and there is no identification of the notes that were recovered from the possession of the petitioner. He is languishing in judicial custody since 15.10.2022. The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Chhauradano P.S. Case No. 355 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties
Patna High Court CR. MISC. No.10842 of 2023(2) dt.19-04-2023 3/3 of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, East Champaran, Motihari. (Sunil Kumar Panwar, J) shubham/- U T