Anand Pathak @ Shresth Narayan Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61122 of 2022 Arising Out of PS. Case No.-33 Year-2020 Thana- LAUKARIA District- West Champaran ====================================================== Anand Pathak @ Shresth Narayan Pathak Son Of Bhola Pathak @ Bholanath Pathak R/V- Harpur, P.S- Majhauliya, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Laukariya P.S. Case No. 33 of 2020 registered under sections 395 and 414 of the Indian Penal Code.

As per prosecution case, it is stated by the informant that while he was returning with his brother and neighbour, in the meantime, four accused persons on motorcycles intercepted them and on the point of knife, they robbed the informant , his brother and his neighbour of different amounts of money totaling Rs. 39,000/- in cash and their mobile phones.

Patna High Court CR. MISC. No.61122 of 2022(2) dt.20-02-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that the petitioner is not named in F.I.R. rather his name has been transpired in this case on the basis of confessional statement of co-accused, namely, Shaif Ali and Mithun Kumar. Nothing incriminating article has been recovered from the conscious possession of the petitioner and also he has not been put on T.I.P. Similarly situated other coaccused person has already been granted bail by different co-ordinate Bench of this Court vide order dated 12.01.2023 in Cr. Misc. No. 24415 of 2022. The petitioner is languishing in judicial custody since 08.06.2021. The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Laukariya P.S. Case No. 33 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten

Patna High Court CR. MISC. No.61122 of 2022(2) dt.20-02-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M, Bagaha, West Champaran.

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