Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57920 of 2023 Arising Out of PS. Case No.-576 Year-2023 Thana- BIHAR District- Nalanda ====================================================== PAWAN KUMAR Son of Saryug Yadav @ Boman Yadav Resident of VillagePatuana, Police Station-Biharsharif, District-Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Mandal For the Opposite Party/s :

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

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 394 of the Indian Penal Code. As per FIR, the informant was going to Barbigha with his motorcycle and when he arrived near Nakatpura Temple in the meanwhile four miscreants on two motorcycle came to him and snatched his mobile and wallet and on protest, they slapped him and one of the miscreant pointed gun on his head due to which he sustained injury and one of the accused took Rs. 6000/- from his pocket and they fled away. It is further alleged that the informant identified the person who assaulted him on his head by butt of the pistol, as petitioner.

Patna High Court CR. MISC. No.57920 of 2023(2) dt.01-09-2023 2/2 It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case. Nothing stolen article and cash has been recovered from his conscious possession. Good sense has been prevailed between the parties and compromise petition is annexed as Annexur-2 with the petition. It is also submitted that petitioner is languishing in judicial custody since 10.07.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bihar P.S. Case No.576 of 2023 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, Biharsharif, Nalanda.

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