Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41479 of 2023 Arising Out of PS. Case No.-52 Year-2023 Thana- PIPRA District- Supaul ====================================================== Arvind Kumar S/O Jageshwar Yadav R/O Village- Jhokair, PS. Pipra, Dist. Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 392 of the Indian Penal Code. However, charge sheet has been submitted under Sections 392/411 of the Indian Penal Code As per prosecution case, the co-accused namely Chandrakishor Yadav snatched the mobile of the informant and transferred Rs. 2,500/- by way of UPI ID to the mobile of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case merely on the basis of suspicion. The petitioner is not named in the F.I.R. There is no specific overt-

Patna High Court CR. MISC. No.41479 of 2023(2) dt.14-07-2023 2/2 act against this petitioner. Neither the petitioner was apprehended from the place of occurrence nor any incriminating or looted article has been recovered from his conscious possession or from his house. The name of the petitioner has been dragged in this case only because his mobile was used by co-accused Chandrakishor Yadav. It is also submitted that petitioner is languishing in judicial custody since 17.03.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Pipra P.S. Case No. 52 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul. (Sunil Kumar Panwar, J) lata/- U T