Jivan Kumar @ Jeevan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37024 of 2024 Arising Out of PS. Case No.-1376 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== Jivan Kumar @ Jeevan Kumar, Male, aged about 26 years, son of Arvind Tanti, Resident of Village- Sonapur Dih P.S.-Nayagav District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rohit Kumar Tripathi, Advocate For the Opposite Party/s :

Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Phulwarisharif P.S. Case No. 1376 of 2022 instituted for the offences punishable under Section 395 of the Indian Penal Code.

3. As per the prosecution case, some unknown criminals have committed dacoity of Rs. 25,000/- cash, bank cheques and mobile phone from the medical shop of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has

Patna High Court CR. MISC. No.37024 of 2024(2) dt.23-05-2024 2/3 falsely been implicated in this case only on the basis of suspicion. It is further submitted that the FIR has been registered against unknown persons. Nothing incriminating article has been recovered from the conscious possession of the petitioner. He next submits that the name of the petitioner has been surfaced only on the basis of confessional statement of coaccused persons. Petitioner is in custody since 04.02.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and impugned order of the learned Additional Sessions Judge-XXV, Patna dated 05.03.2024, it appears that petitioner is not named in the FIR. There is no cogent evidence against the petitioner except the confessional statement and suspicion. Chargesheet has already been submitted in this case and no useful purpose will be served keeping the petitioner behind bars. Similarly situated co-accused person namely Aman Kumar has been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 18838 of 2024 vide order dated 19.04.2024, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-

Patna High Court CR. MISC. No.37024 of 2024(2) dt.23-05-2024 3/3 XIV, Patna in connection with Phulwarisharif P.S. Case No. 1376 of 2022.

(Ramesh Chand Malviya, J) Anand Kr.

U T