Patna High CourtCR. MISC./57473/2023bail granted

Sujay Kumar @ Suja @ Sujo @ Sujay v. The State Of Bihar

2023-08-30Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57473 of 2023 Arising Out of PS. Case No.-648 Year-2022 Thana- BAKHTIYARPUR District- Patna ====================================================== SUJAY KUMAR @ SUJA @ SUJO @ SUJAY S/O RAJESHWAR SINGH R/O VILLAGE- ALIPUR, PS. SALIMPUR, DIST. PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prem Ranjan Kumar, Advocate.

For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-08-2023 Heard Mr. Prem Ranjan Kumar, learned counsel appearing on behalf of the petitioner and Mr. Yogendra Kumar Singh, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Bakhtiyarpur P.S. Case No. 648 of 2022 registered for the offence punishable under Section 395 of the Indian Penal Code.

3. The allegation against the unknown miscreants in the F.I.R. is that they committed loot of Redmi Mobile and cash of Rs.1200/- from the staff of the informant. The accused persons also looted the tractor of the informant laden with 200 sacks of Ultratech Cement.

4. Learned counsel appearing on behalf of the petitioner submitted that the F.I.R is against unknown. Nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner has surfaced in the case on

Patna High Court CR. MISC. No.57473 of 2023(2) dt.30-08-2023 2/2 the basis of confessional statement of Sumit Kumar @ Jailor Yadav due to enmity. Petitioner has clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties as well as the fact that the F.I.R. is against unknown and the name of the petitioner has surfaced in the case on the basis of confessional statement of one Sumit Kumar @ Jailor Yadav due to enmity, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Barh, Patna in connection with Bakhtiyarpur P.S. Case No. 648 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) mantreshwar/- U T