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Patna High CourtCR. MISC./61912/2023allowed

Sanjeet Kumar @ Nanka v. The State Of Bihar

2023-10-04Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61912 of 2023 Arising Out of PS. Case No.-212 Year-2023 Thana- SUPAUL District- Supaul ====================================================== SANJEET KUMAR @ NANKA S/O JAI KISHAN YADAV @ JAI KRISHAN YADAV R/O VILLAGE- CHAUGHARA, PS. SUPAUL, DIST. SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukul Kumari For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-10-2023 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 Section 394 of the I.P.C. but later on added Sections 395 and 412 of the I.P.C.

3. The allegation against the petitioner along with others is of assaulting the informant due to which he sustained injury. It is further alleged that the accused persons has taken Rs. 6,500/- and a mobile phone of the infomant.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.61912 of 2023(2) dt.04-10-2023 2/3 that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot. The petitioner has been arrested in course of investigation and recovered two mobile phones from his pocket, which is not concern with the looted articles. The informant has himself disclosed in the F.I.R. that his mobile phone which has been looted from the place of occurrence bearing No. 9798273842 and IMEI No. 590804541450. Petitioner has been implicated in this case only on the basis of suspicion and concocted with ulterior motive. No incriminating/looted article has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 26.03.2023.

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

Patna High Court CR. MISC. No.61912 of 2023(2) dt.04-10-2023 3/3 satisfaction of the learned Court below in connection with Supaul P.S. Case No. 212 of 2023.

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