Sawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60678 of 2021 Arising Out of PS. Case No.-45 Year-2019 Thana- BELA INDUSTRIAL DistrictMuzaffarpur ====================================================== SAWAN KUMAR Son of Suresh Chaudhary Resident of Village - Atardah Mai Asthan, P.S.- Sadar, Distt.- Muzaffarpur, Permanent Address- village Dharampur Susta, P.S.- Sakra, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s :

Mr.Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Bela P.S. Case No. 45/2019 registered for the offence punishable under Section 392 of the Indian Penal Code 1860. The allegation, as per the First Information Report, is that three unknown miscreants arrived at the flour mill of the informant and looted cash of Rs.4,60,000/-, Mobile phones etc. Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report and his name has transpired on the basis of confessional statement of co-accused Prashant Gaurav. He further submits that confessional statement of the petitioner was recorded in

Patna High Court CR. MISC. No.60678 of 2021(2) dt.23-05-2022 2/2 Mithanpura P.S. Case No. 61/2020. The petitioner is in custody since 9.2.2021 and charge sheet has already been submitted. Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that petitioner is in custody since 9.2.2021, charge sheet has already been submitted and no incriminating and/or looted cash has been recovered from possession of the petitioner, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of Shri Aftab Alam, learned Judicial Magistrate, 1st Class, Muzaffarpur, in connection with Bela P.S. Case No. 45 of 2019 subject to the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

(Anil Kumar Sinha, J) S.Ali/- U T