Tinku Poddar @ Atish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17877 of 2023 Arising Out of PS. Case No.-102 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== Tinku Poddar @ Atish Kumar S/O- Mukesh Poddar Vill -SHAKARPURA PsBakhari Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== 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 392 of the Indian Penal Code and Section 27 of the Arms Act. As per FIR, the allegation against unknown miscreants is that while the informant and his son were returning home from their shop, in the meantime, all miscreants intercepted them and on pistol point looted jewelry and ornament worth of Rs. 24 lakh and after committing the theft they fled away.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.17877 of 2023(2) dt.12-05-2023 2/2 falsely been implicated in this case merely on the basis of disclosure of choukidar. Neither the petitioner is named in the FIR nor he was put on TIP. It is further submitted that nothing looted article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 05.09.2022.

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 Bakhri P.S. Case No. 102 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 C.J.M., Begusarai.

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