Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33204 of 2024 Arising Out of PS. Case No.-1206 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Amit Kumar, Son Of Late Mohan Paswan, Resident Of Bada Baudha, Ward No. - 11, Dakshini Sugaon, P.S. - Sugauli, District - East Champaran, Bihar - 845456 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Fakhruddin Ali Ahmad, Advocate For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Turkauliya P.S. Case No. 1206 of 2022 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution allegation, in short, is that while the informant who is said to be Branch Manager of Bharat Finance Inclusion Limited, along with his assistant was on duty to collect the money on 16.12.20222, two unknown miscreants on a bike intercepted them and snatched the bag containing Rs.1,13,373/- as well as Biometric and key of motorcycle of the informant.

Patna High Court CR. MISC. No.33204 of 2024(2) dt.01-05-2024 2/2

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on suspicion. Petitioner is not named in the F.I.R. He has no concern with the alleged occurrence. No any incriminating or looted article has been recovered from his conscious possession. His name has been dragged in this case only on the basis of confessional statement of co-accused Pritam Paswan which has no evidentiary value in the eye of law. The petitioner is in judicial custody since 15.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the prayed for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail after framing of charge, if not already framed on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concern Court in connection with Turkauliya P.S. Case No. 1206 of 2022. (Rudra Prakash Mishra, J) lata/- U T