Ashutosh Kumar @ Nishant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63658 of 2023 Arising Out of PS. Case No.-180 Year-2023 Thana- ARWAL District- Jehanabad ====================================================== Ashutosh Kumar @ Nishant Kumar Son Of Laganoo Rajak @ Ram Lagan Rajak Resident Of Village - Lodipur, P.S. - Karpi, District - Arwal ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rabindra Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 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 sections 392, 395 of the Indian Penal Code.

3. As per prosecution case, while the petitioner was going Arwal on his motorcycle, meanwhile some miscreants intercepted him and looted cash of Rs. 1,61,666/- from dickey of the informant along with others articles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR. His name was transpired in this case on the basis of confession made by co-accused namely, Sri Kant Kumar @Lalu Kumar who has already been enlarged on

Patna High Court CR. MISC. No.63658 of 2023(2) dt.10-10-2023 2/2 bail granted by co-ordinate Bench of the Court vide order dt. 25.9.2023 passed in Cr. Misc. No. 61918 of 2023. The confessional before police is inadmissible in the eye of law. Neither the petitioner was put on TI parade nor any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 27.6.2023.

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 period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Arwal P.S. Case No. 180 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal.

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