Sangam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46479 of 2023 Arising Out of PS. Case No.-477 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== SANGAM KUMAR, aged 22 yrs. (M), SON OF ARUN MEHTA RESIDENT OF VILLAGE- SUKHHI, PS- FORBESGANJ, DIST- ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-07-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Forbesganj P.S. Case No. 477 of 2020 dated 18.06.2020 registered for the offence(s) punishable under Section(s) 392 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that FIR of the instant matter was registered against unknown and during investigation the police arrested co-accused Md. Mukhtar @ Pappu in connection with Forbesganj P.S. Case No.495 of 2020 in which he confessed and revealed the name of this petitioner as an associate but did not reveal any specific role of this petitioner in the alleged crime, the petitioner's confessional statement was recorded in Forbesganj P.S. Case No.495 of 2020 and except this, there is no any legal or direct evidence against him and when the petitioner

Patna High Court CR. MISC. No.46479 of 2023(2) dt.28-07-2023 2/2 was in judicial custody in the said Forbesganj P.S. Case No.495 of 2020, he was not remanded in the present matter and after his release in the aforesaid case, he filed anticipatory bail vide Cr. Misc. No.12010 of 2023 which was rejected by this Court and thereafter he himself surrendered before the trial Court on 01.06.2023 and since then he has been languishing in jail.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the facts that the order impugned goes to show that in respect of the petitioner's involvement in the alleged crime of loot, prosecution is mainly relying upon his confession and criminal antecedent and against the petitioner, the investigation has been completed and as per above submission, he himself surrendered before the Trial Court, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Forbesganj P.S. Case No. 477 of 2020 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Sanjay/- U T