Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47740 of 2023 Arising Out of PS. Case No.-213 Year-2022 Thana- SANDESH District- Bhojpur ====================================================== SUNIL KUMAR, aged 23 years, Male, Son of Bhagwan Singh, Resident of village - Bhaluni, P.S. - Narayanpur, Distt. - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kalyan Shankar, Advocate For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-08-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Sandesh P.S. Case No. 213 of 2022 dated 14.10.2022 registered for the offence(s) punishable under Section(s) 394 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner is not named in the FIR, during investigation his name surfaced in the confessional statement of co-accused Dhiraj Kumar @ Golu and except this there is no material against him and in this regard impugned order may be perused. Further submissions are that petitioner was remanded on 06.02.2023 in the present matter and since then he has been languishing in jail, after his remand

Patna High Court CR. MISC. No.47740 of 2023(2) dt.02-08-2023 2/2 he was not put on Test Identification Parade (T.I.P.) and no incriminating material connecting the petitioner to the alleged crime of loot was recovered from his possession.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Heard both the sides and perused the FIR and impugned order. The instant matter was registered against unknown and the same relates to the offence of loot but the order impugned goes to show that in respect of petitioner's involvement in the alleged crime the prosecution is mainly relying upon confessional statement of this petitioner and against him, the investigation has been completed. Considering these facts, in my opinion, a lenient approach can be taken in respect of the petitioner's prayer. Accordingly, let the petitioner named-above be enlarged on bail after framing of charge, if the same has not been framed in connection with Sandesh P.S. Case No. 213 of 2022 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Sanjay/- U T