Bittu Kumar @ Bittu Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63998 of 2023 Arising Out of PS. Case No.-88 Year-2023 Thana- BANIAPUR District- Saran ====================================================== BITTU KUMAR @ BITTU PATEL son of Madho Prasad Village- Majhauli Ps- Banipur Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishwajeet Singh For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

3. As per prosecution case, when the informant was returning to his home at village Rajauli on his motorcycle, the petitioner and his associates intercepted him and snatched his motorcycle and some valuable articles on the point of pistol.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional

Patna High Court CR. MISC. No.63998 of 2023(2) dt.11-10-2023 2/2 statement of co-accused Sonu Kumar, which has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 28.06.2023 passed in Cr. Misc. No. 37185 of 2023. He is languishing in judicial custody since 23.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saran in connection with Baniyapur P.S. Case No. 88 of 2023.

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