Patna High CourtCR. MISC./33257/2020bail granted

Kanak Kumar v. The State Of Bihar

2020-12-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33257 of 2020 Arising Out of PS. Case No.-107 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== KANAK KUMAR Son of Late Brijbhushan Singh, Resident of VillagePokharia, P.S.- Saraiya (O.P. Jaitpur), District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-12-2020 Heard both sides through Video Conferencing.

Petitioner seeks bail in Saraiya P.S. Case No.107 of 2020 registered under Section 395 of the IPC. The informant alleged that 6-7 persons entered inside the bank and looted away Rs.8,04,030/-.

It is submitted that the petitioner is not named in the F.I.R. Nothing has been recovered from possession of the petitioner. The petitioner is in jail since 01.06.2020 but he has not been put on T.I.P. The petitioner was remanded in this case on the basis of confessional statement of one Mukesh Kumar. Save and except the confession of the co-accused, there is no material to show the involvement of the petitioner. Karan Kumar whose name also surfaced in the case in the confessional statement has already been granted bail vide order passed in

Patna High Court CR. MISC. No.33257 of 2020(2) dt.14-12-2020 2/2 Cr.Misc.No.28933 of 2020.

Taking into consideration the facts that the petitioner has remained in jail only on the basis of confessional statement of co-accused for more than six months but he has not been put on T.I.P. and similarly situated co-accused has already been granted bail, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M. 1st (west)-cum-Sub-Judge, Muzaffarpur in connection with Saraiya P.S. Case No.107 of 2020.

(Prabhat Kumar Jha, J) Harish/- U T