Kulkul Kumar @ Kulkul Panjiyar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52804 of 2022 Arising Out of PS. Case No.-320 Year-2020 Thana- ALOULI District- Khagaria ====================================================== Kulkul Kumar @ Kulkul Panjiyar Son Of Upendra Panjiyar Resident Of Village- Kuwan, P.S.- Bithan, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-01-2023 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 section 392 of the Indian Penal Code.

As per allegation in the FIR, the informant went to collection at Simraha and collected Rs. 1,42,896/- and kept in the dikky of motorcycle. While he was going to Bakhari branch, in the meantime, tree unknown miscreants came and robbed the same amount and fled away from there.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion. Neither the petitioner was arrested on spot nor any incriminating

Patna High Court CR. MISC. No.52804 of 2022(3) dt.17-01-2023 2/2 article has been recovered form his conscious possession. It is further submitted that the petitioner is not named in FIR and he has not been put on the TIP. The name of petitioner surfaced in this case on basis of confession made by himself. It is further submitted that the petitioner is languishing in judicial custody since 16.10.2020.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Alauli P.S. Case No. 320 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Khagaria.

(Sunil Kumar Panwar, J) subham/- U T