Sudarshan Kumar @ Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54953 of 2021 Arising Out of PS. Case No.-491 Year-2021 Thana- BANKA District- Banka ====================================================== SUDARSHAN KUMAR @ RAJA S/O Parmanand Singh Resident of Village - Karnabay, P.S. - Banka, District - Banka (Bihar). ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pranav Kumar Jha, Advocate For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-04-2022 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under section 392 of the Indian Penal Code.
As per the prosecution case, it is stated by the informant that an accused wearing a helmet, on the point of pistol robbed the informant of a total sum of Rs. 83,550/-. It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. Referring to the order of the learned court below, it is submitted that the name of the petitioner transpired in course of investigation. The prosecution is relying mainly on the confessional statement of the petitioner made before police which is inadmissible. The petitioner has no criminal antecedent. No incriminating article
Patna High Court CR. MISC. No.54953 of 2021(2) dt.04-04-2022 2/2 has been recovered from the petitioner's possession. Inspite of the petitioner being in custody since 11.7.2021, he has not been put on T.I. parade. Chargesheet has been submitted in the case. Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case together with the material on record, the contents of the order of the learned court below, the petitioner having remained in custody for more than 8 months and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Banka P.S. Case no. 491 of 2021 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, Banka.
(Partha Sarthy, J) Spd/- U T