Bittu Kumar Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57283 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- HATHUA District- Gopalganj ====================================================== Bittu Kumar Baitha Son Of Ravindra Kumar Baitha R/V- Village- Sabreji, P.S.- Mirganj, Distt.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikash Kumar Shukla, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Hathua P.S. Case No. 02 of 2024 instituted for the offences punishable under Section 392 of the Indian Penal Code.

3. As per the prosecution case, three unknown persons who at gun point looted Rs. 50,735/-, samsung company tablet and mobile from the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case only on the basis of suspicion. He further submits that the petitioner has neither arrested at the spot nor anything has been recovered from his conscious possession. There is no any eye witness of the occurrence. The petitioner has been made accused only on the basis of confessional statement of Bittu Baitha. Petitioner has

Patna High Court CR. MISC. No.57283 of 2024(2) dt.02-08-2024 2/2 not put on Test Identification Parade. He next submits that coaccused has already granted bail by this Court vide order dated 26.04.2024 passed in Cr. Misc. No. 26165 of 2024. Petitioner has got no criminal antecedent as stated in para 3 of the bail petition he is in custody since 15.01.2024.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and the impugned order of the learned VIth Additional Sessions Judge, Gopalganj dated 16.02.2024, it appears that the seized articles have been recovered from the co-accused Guddu Baitha. The name of the petitioner has been surfaced only on the basis of confessional statement of co-accused and there is no any independent witness of the seizure list, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Gopalganj in connection with Hathua P.S. Case No. 02 of 2024. (Ramesh Chand Malviya, J) Mayank/- U T