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Patna High CourtCR. MISC./65107/2023allowed

Monu Kumar Singh v. The State Of Bihar

2023-12-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65107 of 2023 Arising Out of PS. Case No.-431 Year-2021 Thana- DARIYAPUR District- Saran ====================================================== Monu Kumar Singh S/O Sri Sunil Singh @ Sunil Kumar @ Sunil Mal R/O Village- Thika, Ps. Derni, Dist. Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjiv Sharan For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 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 section 392 of the Indian Penal Code.

As per allegation in the FIR, informant is Manager of petrol pump. On 6.9.2021, he was going to bank on a motorcycle to deposit the sale price of petrol pump amounting to Rs. 6,30,000/- and in way, three unidentified miscreants boarded on motorcycle, intercepted them and on pistol point, they looted entire cash and fled away.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Neither the petitioner is named in the FIR nor put on TIP. Accused

Patna High Court CR. MISC. No.65107 of 2023(3) dt.13-12-2023 2/2 Manish Kumar was apprehended and he disclosed before the police that petitioner had given prior information about the movement of the informant to bank for the purpose of deposit the cash. Save and except confessional statement of accused Manish Kumar, nothing has come against the petitioner to show his complicity in the present case. This case is triable by learned judicial magistrate. Petitioner has got no criminal antecedent and languishing in judicial custody since 3.7.2023. The application for bail is opposed by learned APP for the State.

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 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 A.C.J.M.-XIII, Saran at Chapra in connection with Dariyapur P.S. Case No. 431 of 2021.

(Sunil Kumar Panwar, J) sushma/- U