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Patna High CourtCR. MISC./12186/2023allowed

Amarjeet Kumar Rai @ Amarjeet Kumar v. The State Of Bihar

2023-05-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12186 of 2023 Arising Out of PS. Case No.-34 Year-2022 Thana- MAHUA District- Vaishali ====================================================== AMARJEET KUMAR RAI @ AMARJEET KUMAR S/O RAMESH RAI @ RAMESH KUMAR YADAV Resident of Village- Bhanpur Barewa, P.S.- Goraul, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shanti Bhushan Singh For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== 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 prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

As per prosecution case, while the informant was going towards C.S.P Branch, meanwhile, the miscreants came there and looted the cash of Rs. 96,000/- on pistol point which has been kept in dicky of the motorcycle of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in this case on the basis of suspicion. Neither the

Patna High Court CR. MISC. No.12186 of 2023(2) dt.05-05-2023 2/2 petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. The petitioner has been arrested in Baligaon P.S. Case No. 23 of 2022 wherein he made his self confessional statement and on the basis of same, the petitioner has falsely been made accused in the present case. It is further submitted that the petitioner is languishing in judicial custody since 18.4.2022. 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 Mahua P.S. Case No. 34 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, Vaishali at Hajipur. (Sunil Kumar Panwar, J) Amandeep/- U T