Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52118 of 2021 Arising Out of PS. Case No.-19 Year-2021 Thana- KHODAWANDPUR District- Begusarai ====================================================== SUMIT KUMAR SON OF RAM KUMAR MAHTO R/O VILLAGE- TARA BARIYARPUR, P.S.- KHODAWANDPUR, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Dhar Jha, Adv.

For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-05-2022 Heard Mr. Shashi Dhar Jha, learned counsel for the petitioner and Mr. Anil Kumar Singh No. 1, Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to make necessary correction in the prayer portion regarding name of police station.

Petitioner seeks regular bail in connection with Khodawandpur PS Case No. 19/2021 registered for the offence punishable under Section 392 of the IPC.

Four unknown miscreants intercepted the car of the informant and looted away mobile phone, cash of Rs. 40,000/- and purse etc.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case on the basis of self inculpatory extra-judicial confessional statement. He next submits that the petitioner is in custody since 18.01.2021.

Patna High Court CR. MISC. No.52118 of 2021(3) dt.16-05-2022 2/2 Charge-sheet has been submitted and the petitioner has not been put on test identification parade.

Learned counsel for the State submits that the looted mobile phone has been seized pursuant to the confessional statement of the petitioner and therefore, his confession has led to the recovery.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact petitioner is in custody since 18.01.2021, charge-sheet has been submitted, the petitioner has not been put on test identification parade and there is no likelihood that the petitioner will abscond or tamper with the evidences, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, SUMIT KUMAR be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Manjhaul, Begusarai in connection with Khodawandpur PS Case No. 19/2021.

(Anil Kumar Sinha, J) perwez U T