Patna High CourtCR. MISC./61654/2023allowed

Pappu 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.61654 of 2023 Arising Out of PS. Case No.-293 Year-2016 Thana- BAKHTIYARPUR District- Patna ====================================================== PAPPU KUMAR S/o- SHREE RAN VIJAY PRASAD Village- Madhopur PsBakhtiyarpur Dist- patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrit Abhijat For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 395 of the Indian Penal Code.

3. As per prosecution case, two miscreants are said to be robbed Rs. 91,000/- from counter Petrol pump at N.H.30, Bakhtiyarpur at the gunpoint. The informant is working as clerk at the said Petrol pump who lodged the FIR.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather his name was transpired in this case on the basis of confessional statement of other co-accused persons. Neither the petitioner was arrested on

Patna High Court CR. MISC. No.61654 of 2023(2) dt.15-09-2023 2/2 spot nor anything recovered from his conscious possession. Similarly situated other co-accused persons have already been granted bail vide Annexure-2 by a co-ordinate Bench of this Court vide order dt. 18.7.2018 passed in Cr. Misc. No. 41514 of 2018. Moreover, he is languishing in judicial custody since 20.7.2023.

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

6. Considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Bakhtiyarpur P.S. Case No. 293 of 2016 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Barh, Dist- Patna. (Sunil Kumar Panwar, J) Amandeep/- U T