Rajnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49338 of 2023 Arising Out of PS. Case No.-272 Year-2022 Thana- MANSI District- Khagaria ====================================================== RAJNISH KUMAR S/O Jiro Yadav R/O Village- Bela Tol, P.S- Balva Haat O.P. (Simri Bakhtiyarpur), Distt.- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

Allegation against the two unknown miscreants is that they snatched the purse of the mobile and in his purse, there were Rs. 10,000/- and some documents.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in the FIR rather his name came into light in this case on the basis of suspicion. Nothing incriminating article has been recovered from the conscious possession of the petitioner rather

Patna High Court CR. MISC. No.49338 of 2023(2) dt.11-08-2023 2/2 recovered mobile from the petitioner is not stolen one as the sim used in the phone of petitioner is different one from the phone of stolen one which is mentioned in para-10 of this petition. Neither the petitioner has been put on TIP nor any independent witness supported the prosecution case. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 23.03.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mansi P.S. Case No. 272 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Khagaria.

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