Patna High CourtCR. MISC./45322/2023allowed

Om Kumar v. The State Of Bihar

2023-08-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45322 of 2023 Arising Out of PS. Case No.-189 Year-2023 Thana- SABAUR District- Bhagalpur ====================================================== Om Kumar Son Of Rambaran Mandal Village- Lailakh Ps- Sabour DistBhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 396 of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of commission of robbery and murder of one Subodh Yadav by unknown criminals. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R. There is no eye witness to the occurrence

Patna High Court CR. MISC. No.45322 of 2023(3) dt.23-08-2023 2/2 and during investigation, on the confessional statement of co-accused Suman Kumar, the name of the petitioner has surfaced. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has still not been put on T.I.P. The petitioner is languishing in custody since 06.04.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Sabour P.S. Case No. 189 of 2023.

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