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Patna High CourtCR. MISC./58398/2022allowed

Sonu Kumar v. The State Of Bihar

2023-01-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58398 of 2022 Arising Out of PS. Case No.-110 Year-2022 Thana- SALIMPUR District- Patna ====================================================== SONU KUMAR S/O LATE MAHESH KUMAR Resident of Badi Akhada, P.S.- Mehandigunj, District- Patna.

.. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2023 Learned counsel for the petitioner is permitted to make some necessary correction in the petition during course of the day.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 356, 379, 420, 34 of the Indian Penal Code.

The prosecution case, in brief, when the informant was near Jagdamba Asthan at four lane, two persons came on a red motorcycle and snatched his mobile as well as two A.T.M. cards thereafter fled away. It is further alleged that they have withdrawn Rs. 2,31,803/- from H.D.F.C. account through Flip Cart.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.58398 of 2022(2) dt.18-01-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion. Neither the petitioner is named in F.I.R. nor withdrawn cash has been recovered from his conscious possession. During course of investigation, the name of the petitioner has sprung up in this case on the basis of confession made by co-accused namely Govind Kumar @Govind Raj. It is further submitted that petitioner has not been put on T.I.P. The petitioner is languishing in judicial custody since 1.8.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Salimpur P.S. Case No. 110 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 J.M. 1st Class, Barh, DistrictPatna. (Sunil Kumar Panwar, J) amandeep/- U T