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Patna High CourtCR. MISC./49982/2022allowed

Subash Kumar v. The State Of Bihar

2023-01-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49982 of 2022 Arising Out of PS. Case No.-141 Year-2020 Thana- BELDOUR District- Khagaria ====================================================== Subash Kumar S/O Vidyanand Mandal Resident Of Village- Chauranda, P.S.- Sour Bazar, District- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is in custody in a case registered for the offence punishable under Sections 392, 395 and 412 of the Indian Penal Code.

Allegedly, it is a case of snatching of a motorcycle of the informant.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that petitioner is not named in the FIR and on the basis of confessional statement of co-accused Mithun Kumar, the name of the petitioner came into light. The petitioner is neither put on test identification parade nor anything was recovered from him and similarly situated co-accused has been granted

Patna High Court CR. MISC. No.49982 of 2022(2) dt.12-01-2023 2/2 regular bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 37586 of 2020. Petitioner is in judicial custody since 22.02.2022.

Learned APP appearing for the State has vehemently opposed the prayer for regular bail of the petitioner. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Khagaria in connection with Beldaur P.S. Case No. 141 of 2020. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T