Hari Om @ Sarvjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36517 of 2023 Arising Out of PS. Case No.-1 Year-2023 Thana- KASIMBAZAR District- Munger ====================================================== Hari Om @ Sarvjeet Kumar S/O Surendra Sah @ Suren Saw R/O Vilalge. Basgadha, Bind Toli, PS. Mednichoki, Dist. Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-07-2023 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 395 of the IPC and Sections 25(1-b)a, 26(i)(ii)/35 of the Arms Act. As per FIR, the allegation against the unknown miscreants is that they armed with various weapons came at the house of the informant and committed theft and took away cash of Rs. 40,000/- golden chain, silver payal and other ornaments. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused Ameresh Kumar. The petitioner is not named in the FIR and nothing looted article has been recovered from his conscious possession. The petitioner

Patna High Court CR. MISC. No.36517 of 2023(2) dt.03-07-2023 2/2 has not put on T.I. Parade. It is further submitted that other coaccused namely Mithun Kumar @ Mithun Saw has already been granted bail by this Bench vide order dated 24.06.2023 passed in Cr. Misc. No. 33055 of 2023. Moreover, the petitioner is languishing in judicial custody since 12.01.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kasim Bazar P.S. Case No. 01 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Munger.

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