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Patna High CourtCR. MISC./43530/2022allowed

Shatrughan Kumar @ Shatrudhan Kumar v. The State Of Bihar

2023-02-14Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43530 of 2022 Arising Out of PS. Case No.-5 Year-2022 Thana- BELHAR District- Banka ====================================================== Shatrughan Kumar @ Shatrudhan Kumar S/O Shailesh Pandit Resident Of Village- Simariya, P.S.- Belhar, District- Banka. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 4990 of 2023 Arising Out of PS. Case No.-5 Year-2022 Thana- BELHAR District- Banka ====================================================== Trishul Kumar S/O Vijay Kant Pandit @ Dhanna Pandit Resident Of VillageSimariya, P.S.- Belhar, District- Banka. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 43530 of 2022) For the Petitioner/s :

Mr.Vibhakar Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh (In CRIMINAL MISCELLANEOUS No. 4990 of 2023) For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in connection with Belhar P.S. Case No. 05 of 2022 registered under section 392 of the Indian Penal Code. Prosecution case in short is that when the informant

Patna High Court CR. MISC. No.43530 of 2022(3) dt.14-02-2023 2/3 who is the employee of the Bandhan Bank was going to his office after collecting of Rs. 35,000/- from Tengra Village, in the mean time, three miscreants came and looted the above said amount along with mobile and other important papers on pistol point.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this present case due to suspicion and local politics. Neither the petitioners were named in F.I.R. nor they have been put on TIP. It is further submitted in respect of petitioner Trishul Kumar, his name has been transpired in this case on the basis of confessional statement of Shatrughan Kumar. Except confessional statement, nothing has come against the petitioners. Both the petitioners are languishing in judicial custody since long.

The application for bail is vehemently opposed by learned APP for the State and submitted that the alleged Tablet has been recovered from the house of Shatrughan Kumar. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case and custody of the petitioner, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are

Patna High Court CR. MISC. No.43530 of 2022(3) dt.14-02-2023 3/3 directed to be enlarged on bail in connection with Belhar P.S. Case No. 05 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each of them with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka.

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