Patna High CourtCR. MISC./60227/2023allowed

Prafull Kumar v. The State Of Bihar

2023-09-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60227 of 2023 Arising Out of PS. Case No.-71 Year-2021 Thana- BARIYARPUR District- Munger ====================================================== Prafull Kumar Son Of Sri Anil Yadav Resident Of Village - Pariya, P.S. - Bariarpur, District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Jha For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-09-2023 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 394 of the Indian Penal Code.

3. As per prosecution case, the petitioner along with other are alleged to have assaulted the informant as well as his friends and snatched their mobile, Addhar, cash & other articles.

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 on the basis of suspicion. Neither the petitioner was put on TIP nor any incriminating article has been recovered from his conscious possession. It is also submitted vide para 8 of the petition that the informant

Patna High Court CR. MISC. No.60227 of 2023(2) dt.14-09-2023 2/2 himself examined before learned trial court who deposed as a witness and stated that he could not identify any person due to night. Moreover, he is languishing in judicial custody since 30.3.2023.

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 Bariyarpur P.S. Case No. 71 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Munger. (Sunil Kumar Panwar, J) Amandeep/- U T