Karu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24934 of 2023 Arising Out of PS. Case No.-366 Year-2022 Thana- GAYA RAIL P.S. District- Gaya ====================================================== KARU KUMAR Son of Devanand Paswan Resident of village-Gandhi Nagar, Manpur, Police Station-Moffasil, District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Rana Randhir 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 Section 394 of the Indian Penal Code.

The allegation against the petitioner is that he snatched the mobile of the informant in the train, when the informant was traveling from Patna to Ranchi. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that police seized the phone from the possession and house of the one Sugan Kumar, which make that the stolen property was found from Sugan's house and as per disclosure of co-accused Shiva, who is having

Patna High Court CR. MISC. No.24934 of 2023(2) dt.23-05-2023 2/2 the phone is belongs to other thief. The petitioner is the third person, who was made accused in occurrence, which was committed by just two individuals based on informant-cumvictim. No incriminating/stolen article has recovered from the conscious possession of the petitioner. No T.I. Parade has been done. Petitioner has got no criminal antecedent as stated in para3 of the bail petition. He is languishing in judicial custody since 17.10.2022.

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 Railway Judicial Magistrate, Gaya in connection with Gaya Rail P.S. Case No. 366 of 2022.

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