Sukruddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14892 of 2023 Arising Out of PS. Case No.-393 Year-2022 Thana- KISHANGANJ District- Kishanganj ====================================================== SUKRUDDIN Son of Rahimuddin @ Abdul Rahim R/V- Bangaon, P.SGoalpokhar, Dist- Uttar Dinajpur, State- West Bengal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 420, 409, 120(b) and 34 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with other accused persons named in the FIR has been instrumental in looting cash from the cash van to the tune of Rs. 2.40 crore looted in the said cash van which was supposed to be loaded in the SBI ATM.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is not named in the FIR. His name sprang up in this case on the basis of confessional statement of co-accused Jamil Akhtar,

Patna High Court CR. MISC. No.14892 of 2023(3) dt.27-06-2023 2/2 which has no evidentiary value in the eye of law. Petitioner h as no concern with the alleged loot of cash van. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 15.5.2023 passed in Cr. Misc. No. 10542 of 2023.Petitioner has got no criminal antecedent and he is languishing in judicial custody since 17.09.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Kishanganj in connection with Kishanganj P.S. Case No. 393 of 2022.

(Sunil Kumar Panwar, J) sushma/- U