Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58129 of 2023 Arising Out of PS. Case No.-82 Year-2023 Thana- CHAPRA RAIL P.S. District- Saran ====================================================== Sumit Kumar Son Of Shankar Prasad @ Shankar Gupta Resident Of MohallaLah Bazar, Salempur, P.S.-Chapra Town, District-Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 395 and 397 of the Indian Penal Code and later on Section 412 of the IPC is added.

3. Allegation against the five unknown miscreants is that they snatched mobile phone along with some cash from the informant on the point of knife and also assaulted him with knife.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name transpired in this case on the basis of confessional statement of other co-accused person before the police which has got no evidentiary value in the eye of law.

Patna High Court CR. MISC. No.58129 of 2023(2) dt.01-09-2023 2/2 Nothing looted article has been recovered from the conscious possession of the petitioner and also he has not been put on TIP as yet. No any cogent material has come against him during the course of investigation. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 11.04.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Chapra Rail P.S. Case No. 82 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Sonpur, Saran at Chapra. (Sunil Kumar Panwar, J) Shubham/- U T