Saurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41119 of 2021 Arising Out of PS. Case No.-31 Year-2020 Thana- HATHAURI District- Muzaffarpur ====================================================== SAURAV KUMAR Son of Raghuveer Prasad Singh Resident of village - Dharbhara, P.S. Bochaha, District - Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-01-2022 Learned counsel for the petitioner is permitted to make necessary corrections in the prayer portion of instant petition.

Heard Mr. Sunil Kumar, learned counsel for the petitioner and Mr. Manoj Kumar, learned Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Hathauri PS Case No. 31/2020 registered for the offence punishable under Section 392 of the IPC.

As per First Information Report, while the informant was going to Muzaffarpur, two unknown miscreants intercepted his motorcycle on the point of pistol and deprived him of his mobile, purse containing cash ATMs, credit card, Adhar Card, Pan Card, driving license etc.

Patna High Court CR. MISC. No.41119 of 2021(2) dt.28-01-2022 2/3 Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. He further submits that the petitioner was remanded in this case from Hathauri PS Case No. 36/2020 in which, police has recorded his confessional statement regarding the present offence. He next submits that the petitioner is in custody since 08.07.2020 and no looted article has been recovered from his possession and the petitioner has not been put on test identification parade and except his inculpatory extra judicial confessional statement made before the police, no other material is there against the petitioner.

Learned counsel further submits that with regard to criminal antecedent, two cases were registered against the petitioner, however, after remand of the petitioner in Hathauri PS Case No. 36/2020, he has been implicated in the present case as well as in Bochahan PS Case No. 44/2020.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that no looted article has been recovered from the possession of the petitioner, he has not been put on test identification parade, charge-sheet has been submitted in the

Patna High Court CR. MISC. No.41119 of 2021(2) dt.28-01-2022 3/3 matter and petitioner is in custody since 08.07.2020, I am inclined to grant regular bail to the petitioner subject to the condition that the petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled. Accordingly, let the petitioner, SAURAV KUMAR be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned 8th Additional Sessions Judge, Muzaffarpur in connection with Hathauri PS Case No. 31/2020. (Anil Kumar Sinha, J) perwez U T