Patna High CourtCR. MISC./61518/2023allowed

Uttam Kumar v. The State Of Bihar

2023-09-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61518 of 2023 Arising Out of PS. Case No.-218 Year-2023 Thana- GORAUL District- Vaishali ====================================================== UTTAM KUMAR S/o- UPENDRA DAS Village- Kutubpur Ps- Bidupur DistVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 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 sections 392, 411 of the Indian Penal Code.

3. As per prosecution case, while the informant was returning home by a hired Scoprio Jeep, meanwhile, some miscreants intercepted and tried to snatched the key of the vehicle and cash from the informant. At that time, one person was caught and others are said to have fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in this case on the basis of confession made by co-

Patna High Court CR. MISC. No.61518 of 2023(2) dt.22-09-2023 2/2 accused namely, Abhimanyu Kumar who was apprehended on spot. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. The petitioner has got no criminal antecedent as stated in para-3 of the petition. It is further submitted that the petitioner is languishing in judicial custody since 25.5.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Goraul (kathara OP) P.S. Case No. 218 of 2023 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.-1st Class, Vaishali at Hajipur.

(Sunil Kumar Panwar, J) Amandeep/- U T