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Patna High CourtCR. MISC./65339/2023allowed

Ajeet Kumar v. The State Of Bihar

2023-10-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65339 of 2023 Arising Out of PS. Case No.-367 Year-2022 Thana- BIBHUTIPUR District- Samastipur ====================================================== AJEET KUMAR Son of Narain Singh @ Tej Narayan Singh R/o vill - Lagunia Bhiri Tola, P.S. - Samastipur (Mufassil), Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 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 394 of the Indian Penal Code.

As per prosecution case, the allegation against four unknown miscreants is that they boarded on a motorcycle came and on knife point snatched the motorcycle from the informant and fled away.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. Neither the petitioner is named in the FIR nor he

Patna High Court CR. MISC. No.65339 of 2023(2) dt.13-10-2023 2/2 has been put on TIP. His name has been surfaced in this case on the basis of confessional statement of co-accused Vikash Kumar before the police which has no evidentiary value in the eye of law. It is further submitted that nothing has been been recovered from the possession of the petitioner. Moreover, he is languishing in judicial custody since 07.01.2023.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody 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 Bibhutipur P.S. Case No. 367 of 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 SubDivisional Judicial Magistrate, Rosera, Samastipur. (Sunil Kumar Panwar, J) lata/- U T