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Patna High CourtCR. MISC./65764/2022allowed

Ankush Kumar @ Kundan Kumar v. The State Of Bihar

2023-04-06Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65764 of 2022 Arising Out of PS. Case No.-463 Year-2021 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Ankush Kumar @ Kundan Kumar S/O Manoj Kumar Singh R/O VillageKolhua Paigambarpur, New Police Line, P.S.- Ahiapur, Distt- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Nandan For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Town P.S. Case No. 463 of 2021 registered under sections 394 and 412 of the Indian Penal Code.

The allegation against the petitioner along with other co-accused persons is to commit robbery in the shop of the informant,and while committing so, taken away silver jewellery/ornaments.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.65764 of 2022(3) dt.06-04-2023 2/3 falsely been implicated in this case due to village politics. The name of the petitioner came into light in the F.I.R. on the basis of confessional statement of other apprehended co-accused, namely, Chhotu Kumar who confessed the name of this petitioner as well as other co-accused persons before the police. No any looted article has been recovered from the conscious possession of the petitioner. He has no concern either with the said recovery or with this alleged offence. It is further submitted that the petitioner is languishing in judicial custody since 02.08.2021. Similarly situated other co-accused persons have already been granted bail by the different coordinate Bench of this Court vide Annexure-3 of this petition. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Town P.S. Case No. 463 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned I/C C.J.M.,

Patna High Court CR. MISC. No.65764 of 2022(3) dt.06-04-2023 3/3 1st Class, East, Muzaffarpur.

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