Patna High CourtCR. MISC./55917/2023allowed

Pawan Kumar v. The State Of Bihar

2023-09-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55917 of 2023 Arising Out of PS. Case No.-266 Year-2022 Thana- DUMARIAGHAT District- East Champaran ====================================================== Pawan Kumar S/O - Sumeri Sahni R/O Village - Hussaini, P.S. - Dumariyaghat ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.Iii For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2023 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 section 392 of the Indian Penal Code.

3. Prosecution case relates to snatching of Rs. 1,28,300/- from the petrol pump on the point of pistol by three unknown miscreants.

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 came into light in this case on the basis of confessional statement of co-accused before the police which

Patna High Court CR. MISC. No.55917 of 2023(2) dt.05-09-2023 2/2 has got no evidentiary value in the eye of law. Nothing looted article has been recovered from the conscious possession of the petitioner and also he has not been put on TIP as yet. Moreover, the petitioner is languishing in judicial custody since 19.06.2023.

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 Dumariyaghat P.S. Case No. 266 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari.

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