Suman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10018 of 2021 Arising Out of PS. Case No.-162 Year-2020 Thana- GAMAHARIYA District- Madhepura ====================================================== Suman Kumar Son of Sajan Kumar Yadav @ Snajiv Kumar Yadav Resident of Berba Mathahi, Ward No. 07, P.S. and District- Madhepura. ... ... Petitioner/s
Versus
The State f Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Suman Kumar Jha, Adv.
For the Opposite Party/s :
Smt. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-07-2021 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under section 392 of the Indian Penal Code.
As per allegation in the FIR, on the informant going to deliver the items received in the courier Company, it is stated that the accused persons looted him of the articles, details of which have been given in the FIR.
It is submitted by learned counsel for the petitioner that neither the petitioner is named in the FIR nor has he any concern with the occurrence. No incriminating article has been recovered from his possession. The vehicle alleged to have been recovered from possession of the petitioner it neither one of the
Patna High Court CR. MISC. No.10018 of 2021(3) dt.29-07-2021 2/2 stolen properties nor the one described in the FIR in which the accused persons were present. The petitioner is in custody since 29.9.2020 and has no criminal antecedent except for one case having been lodged after the instant FIR.
The application for bail is opposed by learned Additional Public Prosecutor for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for more than 9 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Gamahariya P.S. Case no. 162 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura. (Partha Sarthy, J) Bibhash U