Patna High CourtCR. MISC./38122/2024allowed

Raja Kumar v. The State Of Bihar

2024-05-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38122 of 2024 Arising Out of PS. Case No.-292 Year-2023 Thana- JALALPUR District- Saran ====================================================== Raja Kumar Son of Lakshman Banskor @ Lakshman Basfor R/O Vill.- Naini, P.S.- Chapra Mufassil, Dist.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ankur Prakash Sinha For the Opposite Party/s :

Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

3. It is alleged by the informant that while he was going to Jalalpur, in the meantime, three motorcycle borne miscreants snatched his mobile phone fro his pocket after stabbing and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name transpired in this case on the basis of confessional statement of co-accused Sonu Kumar before police, which is inadmissible in the eye of law.

Patna High Court CR. MISC. No.38122 of 2024(2) dt.17-05-2024 2/2 Moreover, similarly situated co-accused namely, Sonu Kumar has already been granted bail by a co-ordinate Bench of this Court vide order dated 12.3.2024 passed in Cr. Misc. No. 15990 of 2024. He has got no criminal antecedent and languishing in judicial custody since 15.11.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Jalalpur P.S. Case No. 292 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIII, Chapra. (Sunil Kumar Panwar, J) Amandeep/- U T