Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62931 of 2024 Arising Out of PS. Case No.-224 Year-2023 Thana- MEHANDIA District- Jehanabad ====================================================== Sumit Kumar S/o Ramchandra Paswan @ Ramchandra Prasad R/o VillageWasilpur, P.S. and District- Arwal (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Tiwari, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in Mehandia P.S. Case No. 224 of 2023, instituted for the offences punishable under Section 392 of the Indian Penal Code.

3.

The prosecution case, in short, is that, while informant along with his friend was on his way, he was accosted with two miscreants, who on the point of pistol snatched his mobile phone, purse, Aadhaar Card, PAN Card, Driving Licence, RC book, two motorcycles, Rs. 800/- & three ATM Cards.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.62931 of 2024(2) dt.30-08-2024 2/3 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement of co-accused, namely, Suraj Paswan. No looted article has been recovered from the conscious possession of the petitioner. No T.I. parade has been conducted in this case. The petitioner is in custody since 19.12.2023 and has got one criminal antecedent. Learned counsel for the petitioner further submits that co-accused has been granted bail by this Court vide orders dated 18.03.2024 & 19.07.2024 passed in Cr. Misc. No. 19330 of 2024 and Cr. Misc. No. 49524 of 2024, respectively. 5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.62931 of 2024(2) dt.30-08-2024 3/3 below/concerned Court in connection with Mehandia P.S. Case No. 224 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T