Murari Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17534 of 2023 Arising Out of PS. Case No.-56 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== Murari Kumar Son Of Arun Singh R/O Village- Jhitkahiyan, P.S.- Belsar, District- Vaishali ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shyameshwar Kumar Singh For the Opposite Party/s :
Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 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 395, 412, 120(B) of the Indian Penal Code.
As per prosecution case, the informant alleged that eight miscreants by brandishing their weapons looted cash of Rs. 26,54,430/- from cash counter, Rs. 6,880/- from Agree counter and Rs. 18,00,000/- from the bank vault. It is further alleged that they looted wallets, cash, debits along with other belongings from staffs of the bank and fled away. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather he has falsely been
Patna High Court CR. MISC. No.17534 of 2023(2) dt.12-05-2023 2/3 implicated in this case on the basis of confessional statement of other co-accused persons namely, Gautam Chaudhary and Binod Chaudhary. Except confession, nothing has come against the petitioner to connect him with the alleged offence. No any looted article has been recovered from conscious or constructive possession of the petitioner. Moreover, similarly situated co-accused namely, Gautam Kumar has already been granted bail by a co-ordinate Bench of this Court vide order dated 28.9.2022 passed in Cr. Misc. No. 63805 of 2021 and in support of this Annexure-2 series has been annexed with this petition. It is further submitted that the petitioner was not put on TI Parade till date and languishing in judicial custody since 24.8.2021.
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 Bidupur P.S. Case No. 56 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.17534 of 2023(2) dt.12-05-2023 3/3 satisfaction of learned Additional District and Sessions JudgeXII, Vaishali at Hajipur. (Sunil Kumar Panwar, J) Amandeep/- U T