Patna High CourtCR. MISC./24928/2023allowed

Sudama Singh Bhokta v. The State Of Bihar

2023-05-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24928 of 2023 Arising Out of PS. Case No.-33 Year-2022 Thana- MADANPUR District- Aurangabad ====================================================== SUDAMA SINGH BHOKTA Son of Baudh Singh Bhokta @ Budh Singh Bhogta R/V- Langurahi, PS- Madanpur Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukul Kumari For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 18, 20, 39 of the Unlawful Activities (Prevention) Act.

The allegation against the petitioner along with others is of engaging in Unlawful activities and used to supply essential commodities to the member of the said banned organization.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The name of the petitioner has come into light on the basis of confessional statement of other co-accused, which has got no evidentiary value in the eyes of law. During

Patna High Court CR. MISC. No.24928 of 2023(2) dt.23-05-2023 2/2 investigation, there is no substantive material has been found against the petitioner except confessional statement. No incriminating article has recovered from the conscious possession or house of the petitioner. He is languishing in judicial custody since 10.12.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad in connection with Madanpur P.S. Case No. 33 of 2022.

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