Kunal Kumar @ Kunal Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 12494 of 2023 Arising Out of PS. Case No.-8 Year-2021 Thana- AKILPUR District- Saran ====================================================== Kunal Kumar @ Kunal Ray S/O Vishwanath Ray @ Bishwanath Ray Resident Of Village- Nakata Diyara, P.S.- Digha, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== 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 394 of the Indian Penal Code.

As per prosecution case, As per allegation in the FIR, informant alleged that on 31.01.2021, while he along with his son was going to sell gold and silver ornament and when they reached near the temple in the meantime four unknown miscreants intercepted them and on pistol point looted several ornament, mobile, 4600/- cash and other articles.

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

Patna High Court CR. MISC. No. 12494 of 2023(2) dt.24-04-2023 2/2 falsely been implicated in this case merely on the basis of self confessional statement while he was in custody in one Sonepur P.S Case No. 340 of 2022. Neither petitioner is named in the FIR nor he has been put on TIP. It is further submitted that petitioner has no concern with the alleged occurrence and nothing has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 16.07.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the above facts and 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 Akilpur P.S. Case No. 08 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, Saran at Chapra.

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