Sunil Kumar @ Yugal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17418 of 2023 Arising Out of PS. Case No.-121 Year-2022 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== SUNIL KUMAR @ YUGAL SON OF SACHI MAHTO RESIDENT OF VILLAGE- DEOGHARA, CHANDRA TOLA PS- MEDNI CHOUKI, DISTRICT- LAKHISARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmanand Pd. Nr. Sahi For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== 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 section 395 of the Indian Penal Code.

As per allegation in the FIR, five miscreants entered into the house of the informant and on pistol point looted jewelries after tiding the hands of the informant and his sister. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Neither the petitioner is named in the FIR not put on TIP. There is no eye witness of the alleged occurrence. Nothing has been recovered from his conscious possession. His name came in this

Patna High Court CR. MISC. No.17418 of 2023(2) dt.12-05-2023 2/2 case on the basis of confessional statement of co-accused Girish Kumar before the police, which has no evidentiary value in the eye of law. Similarly situated other co-accused person namely, Banti Kumar has already been granted bail by another Bench of this Court. Petitioner is languishing in judicial custody since 11.10.2022.

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 Judicial Magistrate, 1st Class, Lakhisarai in connection with Medni Chowki P.S. Case No. 121 of 2022.

(Sunil Kumar Panwar, J) sushma/- U