Patna High CourtCR. MISC./64001/2023allowed

Lalu Kumar v. The State Of Bihar

2023-10-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64001 of 2023 Arising Out of PS. Case No.-307 Year-2021 Thana- HARNAUT District- Nalanda ====================================================== LALU KUMAR S/O LATE SOLAT RAI R/O VILLAGE- NAYA TOLA SABNIMA, P.S- ATHAMALGOLA, DISTT.- PATNA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Sujata Sinha For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 394 of the Indian Penal Code.

3. As per prosecution case, some unknown persons came by motorcycle and entered into the shop of the informant and they looted cash of Rs. 2,500/- and other articles.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of Raushan Kuma @ Aryan Kumar, which has got no

Patna High Court CR. MISC. No.64001 of 2023(2) dt.11-10-2023 2/2 evidentiary value in the eyes of law. On the basis of suspicion, petitioner has been implicated in the present case. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 26.11.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Harnaut P.S. Case No. 307 of 2021.

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