Anuj Kumar Gupta @ Anuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16379 of 2023 Arising Out of PS. Case No.-122 Year-2021 Thana- ARA NAWADA District- Bhojpur ====================================================== Anuj Kumar Gupta @ Anuj Kumar S/O Om Prakash Gupta R/V- Old Bus Stand Piro, P.S.- Piro, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-05-2023 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 of the Indian Penal Code.

As per prosecution case, it is alleged that four miscreants covering their face entered the shop of the informant and on pistol point looted 70 thousand rupees and fled away.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. Neither the petitioner is named in the FIR nor he

Patna High Court CR. MISC. No.16379 of 2023(2) dt.11-05-2023 2/2 was put on TIP and nothing looted money has been recovered from his conscious possession. Similarly situated co-accuse has already been granted bail by a coordinate Bench of this Court vide order dated 12.09.2022 passed in Cr. Misc. No. 34384 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 02.08.2021.

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 Ara Nawada P.S. Case No. 122 of 2021 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, Bhojpur at Ara.

(Sunil Kumar Panwar, J) Manish/ U T