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Patna High CourtCR. MISC./63070/2022allowed

Kunal Kumar v. The State Of Bihar

2023-03-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63070 of 2022 Arising Out of PS. Case No.-162 Year-2020 Thana- BARURAJ District- Muzaffarpur ====================================================== Kunal Kumar S/O Raj Balak Yadav @ Ram Balak Yadav Resident Of VillageBatraulia, P.S.- Paroo, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-03-2023 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 Baruraj P.S. Case No. 162 of 2020 registered under Section 392 of the Indian Penal Code.

As per prosecution case, some unknown miscreants looted the shop of the informant on the point of pistol and fled away from there.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. The petitioner is not named in F.I.R. rather his name came into light in this case on the basis of confessional statement of the co-

Patna High Court CR. MISC. No.63070 of 2022(4) dt.02-03-2023 2/2 accused, namely, Monu Kumar. Neither anything incriminating has been recovered from the conscious possession of the petitioner and nor he has been put on T.I.P. He has no concern with the alleged occurrence. Similarly situated other co-accused persons have already been granted bail by different co-ordinate Bench of this Court vide order dated 07.06.2022 in Cr. Misc. No. 8670 of 2022 which is annexed as Annexure-2 series. The petitioner is languishing in judicial custody since 04.12.2020. 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 Baruraj P.S. Case No. 162 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class (West), Muzaffarpur.

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