Suraj Mahto @ Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54226 of 2023 Arising Out of PS. Case No.-230 Year-2017 Thana- SAKRA District- Muzaffarpur ====================================================== Suraj Mahto @ Suraj Kumar Son Of Late Chhathu Matho Resident Of Village - Govindpur, P.S. - Baligaon, District - Vaishali ... ... 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.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 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 394 of the Indian Penal Code.

As per prosecution case, the allegation against the unknown miscreants is that they boarded on a motorcycle came and on pistol point snatched golden chain and mobile of the informant and fled away. It is also alleged that they also fired upon the informant.

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

Patna High Court CR. MISC. No.54226 of 2023(2) dt.28-08-2023 2/2 confessional statement of co-accused. Neither the petitioner is named in the FIR nor he was put on TIP. It is further submitted that nothing looted article has been recovered from his conscious possession. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 18.05.2023 passed in Cr., Misc. No. 26270 of 2018. Moreover, the petitioner is languishing in judicial custody since 27.04.2023.

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. 230 of 2017 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM 12th Muzaffarpur. (Sunil Kumar Panwar, J) Manishkumar/- U T