Sumant Kumar @ Golu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23030 of 2023 Arising Out of PS. Case No.-63 Year-2021 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Sumant Kumar @ Golu S/O Dhano Mahto @ Dhannjay Prasad R/O VillagePanchi, P.S- Shekhopur Sarai, Distt.- Sheikhpura. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shambhu Narayan Singh For the Opposite Party/s :
Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-04-2023 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 406, 420, 467, 468, 471, 120B and 34 of the Indian Penal Code. As per prosecution case, informant alleged that on 04.04.2021, upon getting a secret information he along with police party reached at the place of occurrence and apprehended co-accused person and upon search, several mobiles, Debit cards, PAN Cards and many other articles were recovered from his possession which was contained in
Patna High Court CR. MISC. No.23030 of 2023(2) dt.21-04-2023 2/3 a bag. It is further alleged that co-accused confessed name of this petitioner as his associate.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused person, namely, Mantu Kumar. Petitioner has no concern with the alleged recovery nor he has been arrested on the spot. It is further submitted that recovered mobiles, ATM Cards and passbooks which were seized by the police in this case are on the name of his family members. The petitioner is languishing in judicial custody since 29.11.2022. 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 judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Shekhopur Sarai P.S. Case No. 63 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to
Patna High Court CR. MISC. No.23030 of 2023(2) dt.21-04-2023 3/3 the satisfaction of learned Chief Judicial Magistrate, Sheikhpura.
(Sunil Kumar Panwar, J) Manish/- U T