Kunal Kumar @ Kunal Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35883 of 2020 Arising Out of PS. Case No.-341 Year-2020 Thana- SAKRA District- Muzaffarpur ====================================================== Kunal Kumar @ Kunal Kumar Singh Son of Ashok Singh Resident of Village - Saraiya, Police Station- Sakra, District- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sachin Kumar For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-01-2021 Heard both sides.

The petitioner seeks bail in Sakra P.S. Case No.341 of 2020 registered under Section 392 of the Indian Penal Code. The informant alleged that three arms bearing criminals entered into his shop Ravi Traders and looted away Rs.32,000/- from the chest. Two cheques of S.B.I. of Rs.10,000/- and Rs.9,000/- were also taken away. From the possession of Subodh Kumar and Arun Kumar, the employees of the company, the criminals looted Rs.7,200/- and Rs.1,500/-. The accused persons looted away four mobiles. The informant further disclosed that the criminals also looted away Rs.2 lacs from Nitu Indane Gas Agency.

The learned counsel for the petitioner submits that petitioner was arrested on 24.07.2020 on mere suspicion and the police forcibly took his confessional statement. Save and except

Patna High Court CR. MISC. No.35883 of 2020(2) dt.22-01-2021 2/2 the confession of the petitioner, there is no tangible material to show the involvement of the petitioner. The petitioner was not put on T.I.P. No incriminating article was recovered from the possession of the petitioner. Learned Additional Sessions Judge has written in his order that the witnesses identified the petitioner but it appears from perusal of the order of the learned Additional Sessions Judge that the witnesses disclosed that the petitioner and others used to commit robbery in the area and nobody has seen the petitioner committing robbery in the shop of the informant.

Taking into consideration the facts that the petitioner is in jail for about last six months but he has not been put on T.I.P and no incriminating article is recovered from the possession of the petitioner, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 12th -cum-Sub Judge IV, Muzaffarpur in connection with Sakra P.S. Case No.341 of 2020.

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