Mahesh Kumar @ Raunak @ Raunak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42371 of 2023 Arising Out of PS. Case No.-28 Year-2020 Thana- KARTAHA District- Vaishali ====================================================== Mahesh Kumar @ Raunak @ Raunak Kumar Son Of Ganesh Singh Resident Of Village - Balba Kowari, P.S.- Hajipur Sadar, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 395 and 412 of the Indian Penal Code.

3. As per prosecution case, on 18.03.2020 three miscreants having pistols entered in the bank and on the point of pistol looted away a sum of Rs. 8,08,480/- along with other articles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of co-accused, namely, Nikesh Kumar

Patna High Court CR. MISC. No.42371 of 2023(3) dt.18-09-2023 2/2 before the police which has got no evidentiary value in the eye of law. Nothing has been recovered from the conscious possession of the petitioner and also he has not been put on TIP as yet. No any cogent material has come against the petitioner. Similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide order dated 04.7.2022 in Cr. Misc. No. 71552 of 2021. Moreover, the petitioner is languishing in judicial custody since 14.11.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Kartaha P.S. Case No. 28 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 15th Additional Chief Judicial Magistrate, Vaishali at Hajipur. (Sunil Kumar Panwar, J) Shubham/- U T