Ashutosh Kumar Rana @ David Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35434 of 2023 Arising Out of PS. Case No.-348 Year-2022 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Ashutosh Kumar Rana @ David Singh Son of Ram Pravesh Singh @ Ram Pravesh Kumar Singh Resident of village - Balthi, Gausi, P.S.- Sahebganj, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

As per allegation in the F.I.R., on 27.07.2022 when the informant was present at his CSC Center Counter, three miscreants boarded on motorcycle came there and on pistol point, they have looted cash of Rs.80,000/- from the counter and fled away towards Dewariya.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. Neither the petitioner is named in the FIR nor put on TIP. Nothing has been recovered from the conscious possession of

Patna High Court CR. MISC. No.35434 of 2023(3) dt.03-08-2023 2/2 the petitioner. On the basis of his confessional statement before the police in another case, he has been made accused in this case, which has no evidentiary value in the eye of law. Save and except confessional statement, no consistent evidence has come against the petitioner which shows his complicity in the alleged offence. Petitioner is languishing in judicial custody since 02.02.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Muzaffarpur in connection with Sahebganj PS Case No. 348 of 2022.

(Sunil Kumar Panwar, J) lata/- U T