Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61378 of 2023 Arising Out of PS. Case No.-180 Year-2023 Thana- KORHA District- Katihar ====================================================== SUMIT KUMAR S/O KEDAR PRASAD MANDAL R/O- SEMAPUR, AMINABAD, TAPPO DIYARA, PS. BARARI, 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.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Korha P.S. Case No. 180 of 2023 dated 9.5.2023 registered for the offences punishable u/s 395 of the Indian Penal Code.

3. As per the prosecution case, two unknown miscreants boarded on a motorcycle intercepted the informant and four other unknown miscreants came there and snatched mobile and Rs. 500/- on the point of pistol. They also looted the tractor loaded with maize.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the

Patna High Court CR. MISC. No.61378 of 2023(2) dt.12-09-2023 2/2 petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR. His name has been sprung up in the confessional statement of co-accused, Lakki @ Ziaul. No TIP has been conducted by the prosecution. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 11.8.2023 passed in Cr. Misc. No. 50824 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.5.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Korha P.S. Case No. 180 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T