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Patna High CourtCR. MISC./43679/2023allowed

Arvind Kumar v. The State Of Bihar

2023-07-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43679 of 2023 Arising Out of PS. Case No.-68 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== Arvind Kumar S/O Sri Upendra Ray R/O Village- Mahisari, Ward No. 13, Ps. Ujiyarpur, Dist. Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Ms.Shashi Priya Mr. Ritwaj Raman Ms. Panphuri For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 392 of the Indian Penal Code.

As per prosecution case, the allegation against three unknown miscreants is that they intercepted the informant while he was returning home, and snatched motorcycle and mobile of the informant and fled away from the place of occurrence. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused. Neither the petitioner is

Patna High Court CR. MISC. No.43679 of 2023(2) dt.21-07-2023 2/2 named in the FIR nor any looted article has been recovered form his conscious possession. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 05.07.2023 passed in Cr. Misc. No. 36873 of 2023. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 25.03.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody 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 Dalsingsarai P.S. Case No. 68 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Dalsingsarai.

(Sunil Kumar Panwar, J) Manishkumar/- U T