Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 57489 of 2023 Arising Out of PS. Case No.-466 Year-2022 Thana- BUDDHACOLONY District- Patna ====================================================== Rohit Kumar Son Of Suresh Kumar Das R/O-House Of Dheeraj Kumar, Mansa Ram Akhara, Chhota Tal, P.S.-Khajekalan, Distt.-Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kailash Prasad Swarnkar For the Opposite Party/s :
Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 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 457 and 380 of the Indian Penal Code.
3. As per prosecution case, in the night some unknown miscreants have broken the gate lock of the informant's house and theft away all the goods, ornaments, cash and necessary documents.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has 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 confessional
Patna High Court CR. MISC. No. 57489 of 2023(4) dt.05-12-2023 2/2 statement of co-accused Vikash Kumar, which has got no evidentiary value in the eyes of law. Nothing 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 22.09.2022.
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 J.M.-1st Class, Patna in connection with Budha Colony P.S. Case No. 466 of 2022.
(Sunil Kumar Panwar, J) Arish/- U T