Patna High CourtCR. MISC./44715/2024bail granted

Sumit Kumar v. The State Of Bihar

2024-06-27Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44715 of 2024 Arising Out of PS. Case No.-385 Year-2023 Thana- SALAKHUA District- Saharsa ====================================================== Sumit Kumar Son Of Sanjay Yadav Village- Situaha, Wardno.1, P.S.-Salkhua, Distt.-Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha For the Opposite Party/s :

Ms.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-06-2024 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner seeks bail in connection with Salakhua P.S. Case No. 385 of 2023 instituted for the offences under Section 394 of the Indian Penal Code.

3. As per prosecution case, some unknown persons snatched ear ring, gold chain, one mobile and cash of Rs. 17,000/- from the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light merely on the basis of suspicion.

Patna High Court CR. MISC. No.44715 of 2024(2) dt.27-06-2024 2/2 The petitioner has got no concern with the alleged occurrence. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has not been put on Test Identification Parade to ascertain his participation in the alleged occurrence. Charge-sheet has been submitted in this case. The petitioner is in custody since 15.02.2024 and has one criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Salakhua P.S. Case No. 385 of 2023.

(Rudra Prakash Mishra, J) Arish/- U T