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Patna High CourtCR. MISC./65735/2023allowed

Jhunnu Kumar v. The State Of Bihar

2023-10-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65735 of 2023 Arising Out of PS. Case No.-157 Year-2023 Thana- PIPRA District- East Champaran ====================================================== JHUNNU KUMAR son of Jagdish Sah Village- Bediban Madhuban Wahi Tola Ps- Pipra Dist- E.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.Jharkhandi Upadhyay ====================================================== 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 instituted for the offence under Sections 457, 380 of the Indian Penal Code.

3. As per prosecution case, some unknown miscreants entered into the hospital and broken the lock of the rooms and taken away V-guard battery, microtek inverter and stablizer.

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 other co-accused persons, which has got no

Patna High Court CR. MISC. No.65735 of 2023(2) dt.17-10-2023 2/2 evidentiary value in the eyes of law. He submitted that the as alleged looted articles recovered from the bush near over-bridge not from the conscious possession of the petitioner. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He is languishing in judicial custody since 26.05.2023.

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 Court concerned in connection with Pipra P.S. Case No. 157 of 2023.

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