Himanshu Raj @ Monu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50151 of 2023 Arising Out of PS. Case No.-554 Year-2022 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== HIMANSHU RAJ @ MONU KUMAR son of Mr. Dinesh Pandey VillageBagrapatti Sain Ps- Kanti Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vaishnavi Singh For the Opposite Party/s :
Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-10-2023 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 392, 395, 412 of the Indian Penal Code.
3. As per prosecution case, three unknown miscreants are alleged to have committed dacoity of Rs. 13,45,620/- from the bank as well as Rs. 56,000/- and 15,000/- from the customers on the point of pistol.
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. He is not named in the FIR. His name was transpired in the case on the basis of confessional
Patna High Court CR. MISC. No.50151 of 2023(3) dt.16-10-2023 2/2 statement of co-accused Badal Kumar and Himanshu @Ayushman Singh. The petitioner has also not been put on TI Parade and nothing has been recovered from conscious p possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 23.2.2023. Similarly situated co-accused Ashish Kumar Singh has already been granted bail by this Court vide order dt. 23.8.2023 passed in Cr. Misc. No. 40138 of 2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Considering the facts and circumstances of the case as well as custody period 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 Sadar P.S. Case No. 554 of 2022 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, Muzaffarpur. (Sunil Kumar Panwar, J) Amandeep/- U T