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Patna High CourtCR. MISC./51955/2023allowed

Sudhanshu Kumar v. The State Of Bihar

2023-08-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51955 of 2023 Arising Out of PS. Case No.-262 Year-2023 Thana- SAKRA District- Muzaffarpur ====================================================== Sudhanshu Kumar Son Of Suresh Kumar Ray @ Suresh Ray Resident Of Village - Sadikpur Muraul, P.S. - Sakra, District - Muzaffarpur ... ... Petitioner/S

Versus

The State Of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 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 sections 356, 379 of the Indian Penal Code.

As per prosecution case, the allegation against the accused persons including the petitioner is that they boarded on two motorcycles came and snatched the mobile of the informant and fled away.

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 confessional statement of co-accused. He has got no criminal

Patna High Court CR. MISC. No.51955 of 2023(2) dt.25-08-2023 2/2 antecedent. The petitioner has no concern with the alleged occurrence and nothing looted article has been recovered from his conscious possession. It is further submitted that during investigation, it was found that the snatched mobile and purse were recovered from co-accused persons. Moreover, the petitioner is languishing in judicial custody since 06.06.2023. This case is triable by Judicial Magistrate.

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 Sakra P.S. Case No. 262 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 A.C.J.M.-12th, East Muzaffarpur. (Sunil Kumar Panwar, J) Manishkumar/- U T