Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59374 of 2021 Arising Out of PS. Case No.-49 Year-2021 Thana- PHULWARIA District- Begusarai ====================================================== AMAN KUMAR S/o Mantosh Singh R/o village- Bichala Tola Madhurapura, P.S.- Teghra, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar, Advocate For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 386 and 34 of the Indian Penal Code.

As per the prosecution case, three unknown accused persons entered into the shop of the informant and on the point of pistol started robbing. On the informant raising hulla, he was assaulted by two accused with the butt of a pistol and they forcibly took away cloth from the shop of the informant. It is submitted by learned counsel for the petitioner that the FIR was registered against three unknown persons and the name of the petitioner transpired in the confessional statement of co-accused Ritesh Kumar. It is submitted that the prosecution is mainly relying on the confessional statement of

Patna High Court CR. MISC. No.59374 of 2021(2) dt.11-04-2022 2/2 co-accused made before the police. No incriminating article has been recovered from the possession of the petitioner who is in custody since 28.07.2021 and charge sheet has been submitted in this case. It is further submitted that co-accused Bikesh Kumar has been enlarged on bail vide order dated 07.08.2021 passed in Cr. Misc. no. 47416 of 2021.

Having heard learned counsel for the parties and taking into consideration the fact of the petitioner having remained in custody for more than eight months, no incriminating articles having been recovered from his possession and investigation in the case having been completed, the Court directs the petitioner to be enlarged on bail in connection with Phulwaria P.S. Case no. 49 of 2021 on furnishing bail bond of Rs 10,000/ (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Begusarai. (Partha Sarthy, J) s.hassan/- U T