Heera Lal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17157 of 2024 Arising Out of PS. Case No.-241 Year-2023 Thana- SARAI RANJAN District- Samastipur ====================================================== Heera Lal Kumar Son Of Mantun Sah Resident Of Village-Barbatta, Police Station-Musarigharari, District-Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the the Indian Penal Code.

3. As per FIR, while the informant was going to his house by motorcycle, in the meantime, three unknown miscreants boarded on a motorcycle over took his motorcycle and on the point of arms, they snatched the bag of the informant containing cash of Rs. 4500/-, Pan Card, Adhaar Card and some documents of vehicles and fled from there.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named

Patna High Court CR. MISC. No.17157 of 2024(2) dt.14-03-2024 2/2 in FIR rather his name came into light in this case during the course of investigation, police apprehended this petitioner and made his confession which has got no evidentiary value in the eye of law. Nothing looted article has been recovered from the conscious possession of the petitioner and also he has not been put on TI parade. Moreover, he is languishing in judicial custody since 03.11.2023.

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

6. 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 Sarairanjan P.S. Case No. 241 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Samastipur. (Sunil Kumar Panwar, J) Shubham/- U T