Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29913 of 2023 Arising Out of PS. Case No.-549 Year-2022 Thana- PARBATTA District- Khagaria ====================================================== SUNNY KUMAR Son of Shambhu Chaudhary @ Shambhu Kumar Chaudhary Resident of village - Shirajpur, P.S. - Parbatta, Distt. - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-07-2023 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 379, 356/34, 392, 411 of the Indian Penal Code.

As per prosecution case, while the informant along with Chandan Kumar was going towards Bithla, meanwhile, three miscreants on a motorcycle arrived and snatched their mobile phones and fled away.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in this case on the basis of suspicion. During course of investigation, one noble phone was recovered from

Patna High Court CR. MISC. No.29913 of 2023(3) dt.27-07-2023 2/2 possession of the petitioner which is said to be stolen but the same was not identified properly. The petitioner confessed his guilt in his self confessional statement but the confession before the police has got no evidentiary value in the eye of law. It is further submitted that the petitioner is languishing in judicial custody since 25.12.2022.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner has got six criminal antecedents.

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 Parbatta (Maraiya) P.S. Case No. 549 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Khagaria.

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