← Library
Patna High CourtCR. MISC./18411/2023allowed

Bishwjeet Kumar @ Biswa v. The State Of Bihar

2023-05-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18411 of 2023 Arising Out of PS. Case No.-30 Year-2022 Thana- DESARI District- Vaishali ====================================================== Bishwjeet Kumar @ Biswa Sonof Manoj Rai Resident Of Village- Lakhanpur Tand, Ps- Desari, Distt- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Section 395 of the Indian Penal Code.

It is a case of commission of robbery in the house of the informant and taking away cash, ornaments and other household articles.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up on the

Patna High Court CR. MISC. No.18411 of 2023(2) dt.12-05-2023 2/2 confessional statement of co-accused Rohit Kumar @ Ashutosh Kumar. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has still not been put on T.I.P. The petitioner is languishing in custody since 18.01.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Vaishali at Hajipur in connection with Desari P.S. Case No. 30 of 2022.

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