← Library
Patna High CourtCR. MISC./62200/2023allowed

Tuntun Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62200 of 2023 Arising Out of PS. Case No.-95 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== Tuntun Kumar S/O Om Prakash Ram R/O Village- Agarwa, Ps. Jitna, Dist. East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakil Ahmad Khan For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 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, on 01.03.2023, informant was returning from Semra to Ragopur after attending the meeting, three accused persons came on a motorcycle and snatched the key of motorcycle, cash of Rs. 1,98,000/- and other articles from the informant on the point of gun. It is submitted by learned counsel for the petitioner is innocent and has committed no offence. He has been falsely implicated in this case due to village politics. Neither the petitioner is named in the FIR nor put on TIP. Nothing has been

Patna High Court CR. MISC. No.62200 of 2023(2) dt.15-09-2023 2/2 recovered from his conscious possession. There is no direct and indirect allegation against him. The name of the petitionr dragged in this case only on the basis of confessional statement of co-accused Sandeep Kumar. Petitioner is languishing in judicial custody since 18.05.2023.

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., Sikrahna at Dhaka, East Champaran at Motihari in connection with Chiraiya PS Case No. 95 of 2023. (Sunil Kumar Panwar, J) lata/- U T