Sakendra Kumar @ Monu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15652 of 2023 Arising Out of PS. Case No.-506 Year-2022 Thana- SHASTRINAGAR District- Patna ====================================================== Sakendra Kumar @ Monu Son Of Bhuneshwar Mukhiya Resident Of Bhagwatipur, Madhubani, P.S.- Pandaul, District- Madhubani, Present Resident Of Mithapur Bus Stand In The House Of Anand Ji, Ps- Jakkanpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Rajeev For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 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 and Section 27 of Arms Act. As per prosecution case, while the informant along with his friend was going to park, in the meantime, two motorcycle borne persons came and encircled them and tried to snatched his mobile. On protest, one of the accused persons fired on him and fled away after snatching his mobile. 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.15652 of 2023(2) dt.28-04-2023 2/2 petitioner has been put on TI Parade nor any incriminating article has been recovered from his conscious possession. It is further submitted that the name of the petitioner has been transpired in this case on the basis of confession made by coaccused namely, Mohit Kr. Dutta. The petitioner has been remanded in this case from Shastri Nagar P.S. Case No. 514 of 2022 on 18.10.2022 and since then he is languishing in judicial custody.

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 Shastri Nagar P.S. Case No. 506 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 A.C.J.M.-IX, Patna.

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