Patna High CourtCR. MISC./60791/2023allowed

Ajeet Kumar v. The State Of Bihar

2023-09-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60791 of 2023 Arising Out of PS. Case No.-412 Year-2022 Thana- BIBHUTIPUR District- Samastipur ====================================================== AJEET KUMAR S/O NARAIN SINGH @ TEJ NARAYAN SINGH R/O VILLAGE- LAGUNIA BHIRI TOLA, P.S- SAMASTIPUR (MUASSIL), DISTT.- SAMASTIPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 392 of the Indian Penal Code.

3. As per prosecution case, some unknown miscreants came on two motorcycles and stopped the motorcycle of the informant, thereafter looted his bag containing cash of Rs. 1,04,030/-, receipt book and other articles.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name

Patna High Court CR. MISC. No.60791 of 2023(2) dt.14-09-2023 2/2 of the petitioner has come into light, on the basis of confessional statement of co-accused Vikash Kumar, which has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. Petitioner is remanded in this from another case on 07.01.2023 and since then he is languishing in judicial custody.

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 satisfaction of the learned Court below in connection with Bibhutipur P.S. Case No. 412 of 2022.

(Sunil Kumar Panwar, J) arish/- U