Nishant Kumar @ Pintu Sonar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28656 of 2020 Arising Out of PS. Case No.-41 Year-2020 Thana- EAST COLONY District- Munger ====================================================== NISHANT KUMAR @ PINTU SONAR S/o Late Vivekanand Gupta Resident of Village-Keshopur, P.S.-Jamalpur, District-Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate.

Mr. Rakesh Singh, Advocate.

For the Opposite Party/s :

Mr. Humayu Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 457/380 of the Indian Penal Code.

The prosecution case as per the written report of informant Anurag Kumar is that he is an employee of Railway Workshop, Jamalpur and resides in Railway Quarter No.36 AB. He has gone to his village to attend the Saradh Ceremony of his aunty on 04.07.2020 and when he was returning on 06.07.2020, his neighbour informed him that the lock of his residence is broken and theft has been committed in his house. He came at his residence and found the articles, as mentioned in the list attached with the F.I.R., were stolen.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.28656 of 2020(4) dt.12-01-2021 2/2 that the petitioner has committed no offence and has no concern with the aforesaid occurrence. He has been falsely implicated in this case merely on suspicion. The petitioner is neither named in the F.I.R. nor he was apprehended on the spot. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the seized jewellery do not match with the stolen jewellery. No T.I. parade has been conducted. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring the confessional statement of co-accused, Aman Kumar @ Tillu, which has no evidentiary value in the eye of law. The petitioner has no criminal antecedent and been languishing in custody since 09.07.2020.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Munger in connection with East Colony P.S. Case No.41 of 2020.

Trivedi/- (Anjani Kumar Sharan, J) U T