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Patna High CourtCR. MISC./61730/2023allowed

Umesh Kumar@ Bholu @Ankush Raja v. The State Of Bihar

2023-09-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61730 of 2023 Arising Out of PS. Case No.-180 Year-2023 Thana- KORHA District- Katihar ====================================================== Umesh Kumar@ Bholu @Ankush Raja Son Of Ashok Kumar Mehta @ Ashok Mehta Resident Of Village- Bawanganj, Ps- Korha, Distt- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State.

2. The petitioner is languishing in custody in a case registered for the offences punishable under Section 395 of the Indian Penal Code.

3. According to the FIR, it is alleged that six motorcycle borne miscreants surrounded the informant and looted the tractor loaded with maize bags.

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R rather his named was transpired in this case on the basis of confessional statement of co-accused person. Neither the petitioner was put on TI Parade nor anything has been recovered from his

Patna High Court CR. MISC. No.61730 of 2023(2) dt.15-09-2023 2/2 conscious possession. The petitioner is languishing in custody since 11.5.2023. Moreover, similarly situated co-accused namely, Nawin Kumar has already been granted bail by this Court vide order dt. 11.8.2023 passed in Cr. Misc. No. 50824 of 2023.

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

6. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Korha P.S. Case No. 180 of 2023.

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