Ujwal Kumar @ Ujjaval Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40954 of 2023 Arising Out of PS. Case No.-366 Year-2021 Thana- BASANTPUR District- Siwan ====================================================== Ujwal Kumar @ Ujjaval Kumar Son Of Akhileshwar Rai Resident Of Village - Sher, P.S.- Sidhwalia, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 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 392 of the Indian Penal Code.

Prosecution case in short, is that, the informant after withdrawing Rs. 3 lakhs from the Central Bank of India for his C.S.P., in the way, two person came and snatched the above said amount on the point of pistol.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that the petitioner is not named in FIR rather his name came into light in this case on the basis of his confessional statement.

Patna High Court CR. MISC. No.40954 of 2023(2) dt.14-07-2023 2/2 Neither any stolen article has been recovered from his conscious possession nor he has any concern with the alleged offence. During investigation, not a single witness has named the petitioner in committing the offence. It is also submitted that similarly situated other co-accused persons have already been granted bail by this Court vide order dated 18.04.2023. in Cr. Misc. No. 9592 of 2023. Moreover, the petitioner is languishing in judicial custody since 16.06.2022.

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 Basantpur P.S. Case No. 366 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan.

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