Arun Kumar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60539 of 2023 Arising Out of PS. Case No.-287 Year-2023 Thana- HARNAUT District- Nalanda ====================================================== Arun Kumar Patel S/O Late Shyam Babu Patel @ Late Shyam Babu R/O Village- Kachauri Gali Chowk, Bari Nagar (Nagala), Ps. Malsalami, Dist. Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Onkar Nath For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 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 392 of the Indian Penal Code.

3. As per prosecution case, while the informant along with his driver was going by vehicle, meanwhile some miscreants intercepted and assaulted them. The miscreants also took jewelery worth about 5,50,000/- and fled away. The petitioner is alleged to have involved in conspiracy to loot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather his name was

Patna High Court CR. MISC. No.60539 of 2023(2) dt.22-09-2023 2/2 transpired in the case on the basis of CDR report. It is further submitted that as alleged amount which was recovered from the petitioner, could not be claimed to be the looted one. The confession before police is inadmissible in the eye of law. The petitioner has got no criminal antecedent and languishing in judicial custody since 2.6.2023. Moreover, other co-accused Piyush Kumar was already enlarged on bail granted by a coordinate Bench of the Court vide order dt. 19.8.2023 passed in Cr. Misc. No. 52153 of 2023 which is evident from Annexure-2.

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

6. Considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Harnaut P.S. Case No. 287 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 District &Sessions Judge, Nalanda at Biharsharif. (Sunil Kumar Panwar, J) Amandeep/- U T