Ghanshyam @ Ghanshyam Kumar @ Juanka v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24682 of 2023 Arising Out of PS. Case No.-627 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Ghanshyam @ Ghanshyam Kumar @ Juanka Son Of Surendra Singh R/O Village- Jinedpur Rajaura, P.S.- Muffasil, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Braj Bhushan Poddar For the Opposite Party/s :
Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 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 392, 397 of the Indian Penal Code added Section 411 of the IPC. As per allegation made in the FIR, four unknown miscreants looted pickup van bearing Reg. No. BR-09GB-2728 along with twenty thousand rupees, aadhar card, pan card and other materials.
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. Neither the petitioner is named in the FIR nor he was put on TIP. It is submitted that FIR
Patna High Court CR. MISC. No.24682 of 2023(2) dt.22-05-2023 2/2 has been lodged after delay of three days. It is further submitted that nothing looted article has been recovered from his conscious possession. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 05.09.2022 passed in Cr. Misc. No. 33601 of 2022. The petitioner is languishing in judicial custody since 09.06.2022. 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 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 Muffasil (Singhaul O.P.)... P.S. Case No. 627 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Begusarai.
(Sunil Kumar Panwar, J) Manishkumar/- U T