Amar Kumar @ Mithu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16040 of 2023 Arising Out of PS. Case No.-379 Year-2022 Thana- GAYA RAIL P.S. District- Gaya ====================================================== Amar Kumar @ Mithu S/O Feku Ram R/V- Gora Bazar, Police Line, Ward No. 22, P.S.- Kotwali, District- Gajipur (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 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, 395, 397, 412 of the Indian Penal Code.

As per prosecution case, when informant was returning from Gaya and reached at Ismailpur Railway Station then two unknown miscreants came near the informant and caught hold the hand of the informant and another two persons started assaulting him. It is further alleged that on pistol point they looted cash of total Rs.

Patna High Court CR. MISC. No.16040 of 2023(3) dt.16-05-2023 2/3 1,45,000/- one mobile and other articles from the informant 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 was put on TIP. Rather, the recovered cash of total Rs. 12,000/- belongs to the petitioner. He has got no criminal antecedent. Similarly situated co-accused has already been granted bail by this Court vide order dated 03.05.2023 passed in Cr. Misc. No. 9667 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 25.09.2022.

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 Gaya Rail P.S. Case No. 379 of 2022 on furnishing bail bond of

Patna High Court CR. MISC. No.16040 of 2023(3) dt.16-05-2023 3/3 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Gaya.

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