Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47754 of 2023 Arising Out of PS. Case No.-474 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== SUMIT KUMAR S/O PRADEEP SAH R/O VILLAGE- LOHIYANAGAR, PS. MUFASSIL, DIST. BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvottam Kumar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 394, 397 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, , when the informant was withdrawn cash of Rs. 1.5 lakh from the State Bank of India and was on the way of Lalpur Grahak Seva Kendra, then two unknown miscreants came from the back on motorcycle and started assaulting the informant. It is further alleged that the miscreant fired on his chest and snatched his cash of Rs. 1.5 lakh, ATM Card, a laptop and other articles.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.47754 of 2023(3) dt.04-09-2023 2/2 committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of dislosure by local villagers and due to his criminal antecedents, he has been falsely implicated in the present case. No incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He is languishing in judicial custody since 18.10.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Begusarai Town P.S. Case No. 474 of 2021.

(Sunil Kumar Panwar, J) arish/- U