Papiya @ Banti @ Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61521 of 2021 Arising Out of PS. Case No.-824 Year-2019 Thana- SONEPUR District- Saran ====================================================== PAPIYA @ BANTI @ AMARJEET KUMAR S/o Late Harendra Rai @ Dora Rai R/o Village- Jahangirpur, P.s.- Sonepur, District- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-03-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Sonepur P.S. Case No. 824/2019, registered for the offence punishable under Section 392 of the Indian Penal Code.

The allegation is regarding unknown miscreants having snatched the aadhar card, pan card, driving license etc. apart from a sum of 4480/- from the informant.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and

Patna High Court CR. MISC. No.61521 of 2021(2) dt.31-03-2022 2/3 he is languishing in custody since 18.1.2021. The learned counsel for the petitioner has further submitted that the petitioner was arrested in one other case bearing Sonepur PS Case No. 827 of 2019 and thereafter, he has been remanded in the present case. It is further submitted that out of seven pending criminal cases against him, he has been granted bail in five cases. It is further submitted that neither any Test Identification Parade has been held till date so as to connect the petitioner with the alleged crime nor any looted articles have been recovered from the petitioner. At this juncture, it is also submitted that in all the pending criminal cases, the petitioner is not named in the FIR.

Per contra, the learned APP 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 petitioner and taking into account the materials available on record as also considering the fact

Patna High Court CR. MISC. No.61521 of 2021(2) dt.31-03-2022 3/3 that no Test Identification parade has been held till date so as to connect the petitioner with the alleged crime and moreover, no looted articles have been recovered from the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM Saran at Chapra in connection with Sonepur P.S. Case No. 824/2019. (Mohit Kumar Shah, J) Ajay/- U T