Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65666 of 2023 Arising Out of PS. Case No.-469 Year-2022 Thana- PATRAKARNAGAR District- Patna ====================================================== AMIT KUMAR Son of Anil Thakur Resident of Village-Gur Ki Mandi, Jatahi Mandir, Park No. 10, P.S.-Alamganj, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyamal Prakash For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Learned counsel for the petitioner is permitted to make some necessary correction in the petitioner in course of the day.

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, the informant alleged that while he was in his house, in the meantime, five miscreants armed with pistol came there and looted away cash of Rs. 50,000/-, one golden chain, 2kg silver and other valuable materials.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He is not named in the FIR

Patna High Court CR. MISC. No.65666 of 2023(2) dt.17-10-2023 2/2 rather his name transpired in the case on the basis of confessional statement of co-accused Sonu Kumar @Baba. Nothing has been recovered from conscious possession of the petitioner. Similarly situated other co-accused persons have already been enlarged on bail granted by different co-ordinate benches of this Court which is evident from Annexure-2 series. Moreover, the petitioner was remanded in this case from Patrakar Nagar P.S. Case No. 482 of 2022 on 29.9.2022 and since then, he is languishing in judicial custody.

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 the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ptrakar Nagar P.S. Case No. 469 of 2022 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Patna. (Sunil Kumar Panwar, J) Amandeep/- U