Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61562 of 2021 Arising Out of PS. Case No.-255 Year-2019 Thana- SHAMBHUGANJ District- Banka ====================================================== ARUN KUMAR Son of Sanjay Yadav Resident of Village - Naya Tola Jurabganj, P.S.- Kodha, District - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-04-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Shambhuganj PS case no. 255 of 2019 instituted for the offences punishable under Section 392 of Indian Penal Code. The allegation is regarding two unknown miscreants having intercepted the informant and her husband, whereafter they are stated to have snatched a bag from them containing a sum of Rs. 50,000/-.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 06.01.2020. The learned counsel for the petitioner has further submitted that neither any Test Identification Parade has

Patna High Court CR. MISC. No.61562 of 2021(2) dt.01-04-2022 2/3 been held so as to connect the petitioner with the alleged crime nor the looted cash amount has been recovered from the petitioner herein. It is also submitted that the petitioner was arrested by the police in connection with one Rajaon PS case no. 516 of 2019, in which his confessional statement was recorded, which has got no evidentiary value in the eyes of law and then, he has been falsely implicated in the present case. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that neither any Test Identification Parade has been held till date so as to connect the petitioner with the alleged crime nor the looted cash amount has been recovered from the petitioner, apart from the fact that the petitioner is languishing in custody since about more than two years, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.61562 of 2021(2) dt.01-04-2022 3/3 satisfaction of learned court of Chief Judicial Magistrate, Banka in connection with Shambhuganj PS case no. 255 of 2019. (Mohit Kumar Shah, J) rinkee/- U T