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Patna High CourtCR. MISC./17853/2023allowed

Manish Kumar @ Prince v. The State Of Bihar

2023-05-12Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17853 of 2023 Arising Out of PS. Case No.-60 Year-2022 Thana- DALSINGHSARAI District- Samastipur ====================================================== Manish Kumar @ Prince S/O- Budhan Rai @ Budhan Ray Reisdent Of Village Samsipur, P.S. Bachhwara, District- Begusarai ... ... 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.Shailendra Kumar Singh ====================================================== 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 filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 395 of the Indian Penal Code and Section 27 of Arms Act.

The prosecution case in nutshell is that two miscreants with three unknown persons entered inside the bank with their faces covered and looted a sum of Rs. 9,79,171/- on gun point and also looted two mobile phones and tablets from the possession of the informant and cashier of the bank.

Patna High Court CR. MISC. No.17853 of 2023(2) dt.12-05-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his possession. The name of petitioner sprang up in this case on confessional statement of co-accused Randhir Rai. Moreover, the petitioner is languishing in judicial custody since 10.06.2022. Similarly situated co-accused persons have been granted bail by co-ordinate Bench of this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Dalsinghsarai P.S. Case No. 60 of

Patna High Court CR. MISC. No.17853 of 2023(2) dt.12-05-2023 3/3 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Dalsinghsarai, Samastipur.

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