Sumant Kumar @ Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10305 of 2023 Arising Out of PS. Case No.-381 Year-2022 Thana- MANSI District- Khagaria ====================================================== Sumant Kumar @ Suman Kumar S/O Lalbabu Yadav Resident Of VillageHeeratol, P.S.- Sahebpur Kamal, District- Begusarai. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-07-2023 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 394, 307, 326, 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per FIR, the allegation against the accused persons is that they boarded on an Apache motorcycle came and on pistol point snatched cash of Rs. 40,000/- and golden chain worth of Rs. 15,000 from the informant and they also fired upon him due to which he sustained firearm injury on his left hand palm. It is further alleged that one co-accused was apprehended on the spot and upon his confession name of the petitioner surfaced in this alleged occurrence.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.10305 of 2023(3) dt.07-07-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused. Neither the petitioner was apprehended on the spot nor he was put on TIP and nothing looted article has been recovered from his conscious possession. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 03.11.2022.

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 as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mansi P.S. Case No. 381 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 Chief Judicial Magistrate, Khagaria.

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