Patna High CourtCR. MISC./58940/2023allowed

Sunny Kumar v. The State Of Bihar

2023-09-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58940 of 2023 Arising Out of PS. Case No.-422 Year-2023 Thana- PATNA RAIL P.S. District- Patna ====================================================== SUNNY KUMAR SON OF LATE VIGAN SHAHNI R/O KALCHIDHAR, POLICE LINE, PS- GANDHI MAIDAN, DIST- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 379, 411/34 of the Indian Penal Code.

3. As per prosecution case, the informant was charging his phone on Patna Junction, two boys came and took his phone, who were caught hold by the help of police, and they disclosed their name as Sunny Kumar (petitioner) and one mobile has been recovered from the possession of the petitioner and from other co-accused.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the informant's phone

Patna High Court CR. MISC. No.58940 of 2023(2) dt.04-09-2023 2/2 was recovered from co-accused Yasir Rashid and admittedly does not found from the possession of the petitioner. Due to highhandedness of the police, petitoner has been falsely implicated in the present case. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 23.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering 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 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Patna Rail P.S. Case No. 422 of 2023.

(Sunil Kumar Panwar, J) arish/- U