Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48946 of 2023 Arising Out of PS. Case No.-55 Year-2022 Thana- LODIPUR District- Bhagalpur ====================================================== Amarjeet Kumar Son of Yogendra Yadav @ Jageshwar Yadav Resident of village - Gopalpur, P.s.- Industrial Area, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 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.

As per prosecution case, on the alleged date of occurrence the informant was returning from his motorcycle after attending a meeting from Goradhi and when he reached near iron bridge at village Jamsi, two unknown miscreants boarded on a motorcycle hit his motorcycle due to which he fell down along with his motorcycle. It is further alleged that the accused persons took hi motorcycle and fled away. It is also alleged by the informant that a tablet device, finger machine and a cash bag containing Rs. 1,25,921/- was also present in the

Patna High Court CR. MISC. No.48946 of 2023(3) dt.28-08-2023 2/2 dickey of his motorcycle.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion and due to his criminal antecedents. Neither the petitioner is named in the FIR nor he was put on TIP. It is further submitted that nothing looted articles have been recovered from the possession of the petitioner. Moreover, he is languishing in judicial custody since 20.04.2023. 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 Lodipur P.S. Case No. 55 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, Bhagalpur.

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