Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19719 of 2023 Arising Out of PS. Case No.-489 Year-2022 Thana- TRIVENIGANJ District- Supaul ====================================================== BHUSHAN KUMAR S/o Umesh Yadav Resident of Village-Sikyani, Ward No. 6, P.S.-Tribeniganj, P.S.-Tribeniganj, District-Supaul ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Patla Kumari For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 392 of the Indian Penal Code.

As per prosecution case, when the informant returning to his house after delivering his goods in the grocery shop, some unknown miscreants came on motorcycle and on the point of pistol looted his motorcycle, cash of Rs. 3,000/-, one mobile and other articles.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. He

Patna High Court CR. MISC. No.19719 of 2023(2) dt.19-05-2023 2/2 submitted that during investigation, the petitioner has been implicated in the present case only on the basis of confessional statement of other co-accused, which has no evidentiary value in the eyes of law. No incriminating/stolen article recovered from the conscious possession of the petitioner. No T.I.P. has been done. Petitioner has got no criminal antecedent as stated in para3 of the bail petition. He is languishing in judicial custody since 02.12.2022.

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 A.C.J.M., Supaul in connection with Triveniganj P.S. Case No. 489 of 2022.

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