Saurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50638 of 2023 Arising Out of PS. Case No.-71 Year-2023 Thana- MOKAMAH District- Patna ====================================================== Saurav Kumar Son Of Mukesh Singh Resident Of Village- Bihat Tola, Gurudaspur, Ps- Baruani, (FCI Op), Distt- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== 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.

As per prosecution case, when the informant was going to Begusarai through Pick Up Van and reached on N.H. 31 at back of Border of Hathidah Police Station, four unknown miscreants with Maruti Car has overtook his vehicle and on pistol point snatched the key of his vehicle. Two persons were sit inside the vehicle and two persons forcibly pushed him inside the Maruti Car. It is further alleged that all the accused persons proceeded towards Hathidah Railway Station and left him but they took away his vehicle.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.50638 of 2023(2) dt.11-08-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Neither the petitioner is named in the FIR nor put on TIP. His name has been transpired in this case on the basis of confessional statement of co-accused Suraj Kumar, which has no evidentiary value in the eye of law. Nothing has been recovered from the conscious possession or from the house of the petitioner. Moreover, he is languishing in judicial custody since 30.06.2023.

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 after framing of charge, if charge has not been framed as yet. The above named petitioner is directed to be released on bail in connection with Mokama P.S. Case No. 71 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Barh. (Sunil Kumar Panwar, J) lata/- U T