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Patna High CourtCR. MISC./12284/2023allowed

Kunal Kumar v. The State Of Bihar

2023-04-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12284 of 2023 Arising Out of PS. Case No.-663 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Kunal Kumar Son Of Nand Kishore Singh @ Nand Kishore Kumar Residetn Of Village - Dighi Kala West, P.S.- Hajipur Sadar, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Ambastha For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-04-2023 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 section 392 of the Indian Penal Code.

As per prosecution case, informant alleged that on 20.07.2021, after cash collection, while he was returning to Hajipur Branch-1 by motorcycle in the meantime two unknown persons intercepted him and on pistol point snatched total cash of Rs. 1,27,200/- and other articles and fled away.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.12284 of 2023(2) dt.24-04-2023 2/2 falsely been implicated in this case merely on the basis of self confession, which does not got evidentiary value in the eye of law. Neither petitioner is named in the FIR nor any looted article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 28.03.2022. 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 judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hajipur P.S. Case No. 663 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, Vaishali at Hajipur.

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