Bulla @ Sudhanshu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25739 of 2022 Arising Out of PS. Case No.-73 Year-2022 Thana- AMARPUR District- Banka ====================================================== BULLA @ SUDHANSHU S/o Virendra Chaudhary @ Virendra Kumar Chaudhary Resident of Village- Bhadrar, P.O.- Bhatkundi, P.S.- Banka, District- Banka.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mritunjay Prasad Singh For the Opposite Party/s :

Mrs. Sharda Kumari A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2022 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 A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 394 of the Indian Penal Code.

As per the prosecution case, Rs. 10,700/- and mobile phone were looted from the possession of the petitioner by four unknown miscreants on the gun point.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.25739 of 2022(2) dt.31-08-2022 2/2 case on mere suspicion. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R . The name of the petitioner has sprung up in the confessional statement of co-accused Shakti Yadav which has no evidentiary value in the eye of law. The petitioner is accused in two other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 16.02.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of detention, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Amarpur P.S. Case No. 73 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T