Amar Kumar @ Sadhu Das @ Sadhu Sarkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65653 of 2023 Arising Out of PS. Case No.-274 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Amar Kumar @ Sadhu Das @ Sadhu Sarkar S/O Shiv Kumar Das @ Shiv Kumar Sarkar R/O Village- Jhakhara Colony, P.S- Piprakothi, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 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 394 of the Indian Penal Code.

3. As per prosecution case, while the informant and his father were going on motorcycle, meanwhile three unknown miscreants surrounded and assaulted them. Thereafter, they snatched mobile phones and cash Rs. 2000/- from the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He is not named in the FIR and falsely been implicated in this case. It is submitted vide para9 of the petition that the looted phone was

Patna High Court CR. MISC. No.65653 of 2023(2) dt.17-10-2023 2/2 recovered from possession of Sukvari Devi, mother of Ram Bahadur Manjhi who disclosed that he had purchased the said phone from one Kanhaiyalal Sah. The petitioner runs a mobile repairing shop and he has no concern with the alleged occurrence. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and languishing in judicial custody since 21.5.2023.

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 the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Muffasil P.S. Case No. 274 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 C.J.M., Motihari at East Champaran. (Sunil Kumar Panwar, J) Amandeep/- U T