Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26412 of 2020 Arising Out of PS. Case No.-128 Year-2019 Thana- JADOPUR District- Gopalganj ====================================================== BABLU KUMAR S/o- Harishanker Rawet R/o- Village- Karariya, P.S. and District- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sushil Kumar For the Opposite Party/s :

Mrs. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. As per the prosecution case, while the informant was regressing to Gopalganj from Yadavpur after selling biscuits and when he reached some ahead from Yadavpur Bazar, three bike borne miscreants surrounded him and looted his mobile, cash and his Aadhar card on the point of pistol. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. He is neither named in the F.I.R. nor was apprehended on the spot. No incriminating article has been recovered from his conscious

Patna High Court CR. MISC. No.26412 of 2020(4) dt.15-01-2021 2/2 physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring the confessional statement of co-accused, Abhishek Yadav which has no evidentiary value in the eye of law. The co-accused, namely, Abhishek Kumar @ Abhishek Kumar Singh has been enlarged on bail by a coordinate bench of this court vide order dated 05.06.2020 passed in Cr. Misc. No. 12634 of 2020. The petitioner has been languishing in custody since 04.01.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IV, Gopalganj in connection with Yadavpur P.S. Case No.128 of 2019.

(Anjani Kumar Sharan, J) Trivedi/- U T