Sujit Kumar @ Sujit Patel @ Banar Sena v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22774 of 2024 Arising Out of PS. Case No.-85 Year-2023 Thana- PARSAUNI District- Sitamarhi ====================================================== Sujit Kumar @ Sujit Patel @ Banar Sena S/O Rambabu Ray R/O VillageSahabajur, Dist.- Sahbaja, P.S- Sahbaja, Distt.- Sheohar ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jay Ram Prasad For the Opposite Party/s :
Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.
3. As per the prosecution case, while the informant was returning on his motorcycle after withdrawing Rs. 1,97,000/- it is alleged that three accused persons on motorcycle on the point of pistol looted the above said cash and mobile from the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of co-accused Ram Vinay Mahto before
Patna High Court CR. MISC. No.22774 of 2024(2) dt.20-03-2024 2/2 the police which has got no evidentiary value in the the eye of law. Petitioner was arrested in Parsauni P.S. Case No. 133 of 2023 and thereafter he has been remanded in this case from that case. Neither any looted article has been recovered from his conscious possession nor he has been put on TI parade as yet. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 20.02.2024 in Cr. Misc. No. 7738 of 2024. Moreover, the petitioner is languishing in judicial custody since 03.10.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. 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 Parsauni P.S. Case No. 85 of 2023 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., Sitamarhi.
(Sunil Kumar Panwar, J) Shubham/- U T