Patna High CourtCR. MISC./63906/2023allowed

Sumit Kumar @ Mallu Sinha v. The State Of Bihar

2023-10-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63906 of 2023 Arising Out of PS. Case No.-326 Year-2022 Thana- NAWADA MUFFASIL District- Nawada ====================================================== SUMIT KUMAR @ MALLU SINHA son of Birendra Prasad Village- Karmi Bigha Ps Chhabilapur Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== 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 registered for the offence punishable under section 395 of the Indian Penal Code.

3. As per prosecution case, the allegation against the petitioner is to commit dacoity along with other co-accused persons and while committing so, taken away cash of Rs. 20,000/-, golden ornaments along with other articles from the house of the informant.

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

Patna High Court CR. MISC. No.63906 of 2023(2) dt.11-10-2023 2/2 co-accused Diwakar and Mukesh kumar. Neither he was put on TI Parade nor any incriminating article has been recovered from conscious possession of the petitioner. He has got no criminal antecedent as stated in para-3 of the petition. Moreover, he is languishing in judicial custody since 2.7.2023.

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

6. 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 Nawada Muffasil P.S. Case No. 326 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 Additional District & Sessions Judge-III, Nawada.

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