Karan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28933 of 2020 Arising Out of PS. Case No.-107 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== KARAN KUMAR Son of Dhiraj Prasad Singh Resident of Village - Sheikhpur, Akhara Ghat, P.S.- Ahiyapur, District - Muzaffarpur- 842002. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-11-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic.

Heard the learned counsel for the petitioner and Sri Ashok Kumar, the learned APP for the State.

The petitioners seek regular bail in connection with Saraiya PS case no. 107 of 2020 instituted for the offences punishable under Section 395 of Indian Penal Code. The allegation is regarding 6-7 miscreants armed with pistol etc. had entered inside the Bank in question on the alleged date and time of occurrence and on pistol point, had looted a sum of Rs. 8,04,030/-.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 01.06.2020. It

Patna High Court CR. MISC. No.28933 of 2020(2) dt.13-11-2020 2/2 is further submitted that the petitioner is an accused in one other case but he is on bail in the said case. Lastly, it is submitted that neither any recovery of the looted cash amount has been made from the petitioner nor the test identification parade has been held so as to connect the petitioner with the alleged crime. Per contra, the learned APP for the State vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the parties and taking into account the fact that no test identification parade has been held so as to connect the petitioner with the alleged crime and moreover, the F.I.R. is against unknown miscreants as also the petitioner is languishing in custody since 01.06.2020, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, West Muzaffarpur in connection with Saraiya PS case no. 107 of 2020.

(Mohit Kumar Shah, J) rinkee/- U T