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Patna High CourtCR. MISC./62935/2023allowed

Bittu 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.62935 of 2023 Arising Out of PS. Case No.-393 Year-2023 Thana- BUDDHACOLONY District- Patna ====================================================== Bittu Kumar Son Of Sri Sushil Paswan Resident Of Village- Utri Mandiri, Chhakan Tola, Ps- Budha Colony, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sadanand Paswan For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 356, 379 and 382 of the Indian Penal Code.

As per allegation in the FIR, three unknown miscreants sitting on a motorcycle came to the informant and snatched her VIVO-Y-50 mobile from her hand and ran away. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case on the basis confessional statement of co-accused. Neither the petitioner is named in the FIR nor he was put on TIP. The stolen mobile of the informant is said to be recovered from

Patna High Court CR. MISC. No.62935 of 2023(2) dt.22-09-2023 2/2 co-accused Anjani Kumar on very next day. Nothing has been recovered from his conscious possession. Similarly situated co-accused has already been granted bail by this Court vide order dated 08.09.2023, passed in Cr. Misc. No. 59711 of 2023. The petitioner has got no criminal antecedent and languishing in judicial custody since 19.6.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Judicial magistrate 1st Class, Patna in connection with Buddha Colony P.S. Case No. 393 of 2023.

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