Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66718 of 2023 Arising Out of PS. Case No.-104 Year-2022 Thana- ROSHANGANJ District- Gaya ====================================================== Sunil Kumar Son Of Shukul Yadav Resident Of Village- Lemboiya, PsRoshanganj (BANKEY Bazar), Distt- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 387, 414, 436, 386, 307/34 of the Indian Penal Code and Sections 25(1-B) a, 26, 27, 35 of the Arms Act.

The prosecution case in brief is that on 17.05.2022 at about 8:45 A.M, four persons came on two motorcycles and took petrol but when the price of the petrol was demanded, the accused persons took out revolver and disclosed about themselves as members of

Patna High Court CR. MISC. No.66718 of 2023(3) dt.09-11-2023 2/3 KK Tiger Group. It is further alleged that they handed over a paper in which ransom of Rs. 10 lakhs was demanded. In the same night at about 11:40 P.M, the accused persons came on the petrol pump and set the petrol pump on fire due to which a school bus and a motorcycle got burnt and petrol pump was also damaged badly.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up on the confessional statement of co-accused Chotu Chowdhari which is not admissible in the eye of law. The petitioner has no concern with the alleged motorcycle, mobile or arms seized by the police and due to previous criminal antecedent, the petitioner has been roped in the present case. Moreover, Chotu Chowdhary has been granted bail by a coordinate Bench of this Court vide order dated 23.05.2023 passed in Cr. Misc. No. 23267 of 2023. The

Patna High Court CR. MISC. No.66718 of 2023(3) dt.09-11-2023 3/3 petitioner is languishing in custody since 25.06.2023. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sherghati, Gaya in connection with Roshanganj P.S. Case No. 104 of 2022.

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