Amit Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25050 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- SIMRA District- West Champaran ====================================================== AMIT KUMAR SHARMA SON OF INDRAJIT SHARMA R/O VILLAGEMRAHIYA, P.S.- LAURIYA, DISTRICT- WEST CHAMPARAN AT BAGAHA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishore Prasad For the Opposite Party/s :

Mr.Atul Chandra, Mrs. Sharda Kumari.

For the Informant ;

Mr. Vijay Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under Section 395 of the Indian Penal Code.

As per the prosecution case, total of Rs. 11 lacs 70,000/- cash, cheque, ATM card and mobile were looted by eight unknown miscreants on the point of pistol from the bags of the informant and Gulshan Kumar Singh.

Patna High Court CR. MISC. No.25050 of 2022(2) dt.23-08-2022 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on mere suspicion. Nothing has been recovered from the conscious possession of the petitioner. No T.I Parade has been conducted. The petitioner is not named in the F.I.R. . The name of the petitioner has sprung up on the confessional statement of co-accused Nikhil Mishra. The petitioner is also accused in one criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 09.02.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. As per the impugned order a looted cheque is recovered from the possession of the petitioner. Considering the aforesaid facts and circumstances in the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, in connection with Simra P.S. Case No. 07 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U