Shrawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65366 of 2023 Arising Out of PS. Case No.-219 Year-2022 Thana- KISHANPUR District- Supaul ====================================================== Shrawan Kumar Son Of Late Digamber Yadav Village- Moura Kaviyahi, Ward No.- 6, Ps- Shankarpur, Dist- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Radha Mohan Singh For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 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 392, 414, 411, 120B of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, the informant runs a CSP of State Bank of India, When he was returning from the branch after withdrawing a sum of Rs. 2,00,000 on his motorcycle, in the meantime, three unknown persons came with a motorcycle and on the point of pistol snatched his bag containing cash amount, Pan Card, Cheques, Aadhar Card and other articles.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.65366 of 2023(2) dt.13-10-2023 2/3 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 himself before the police, which has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. He further submitted that the said bag containing the cash amount and other looted articles was recovered from an open field on the next day of the incident and the petitioner has no concern with the alleged occurrence. Further, it is submitted that charge-sheet has already been submitted against the petitioner. He is languishing in judicial custody since 18.08.2022.

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 the 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, Supaul in

Patna High Court CR. MISC. No.65366 of 2023(2) dt.13-10-2023 3/3 connection with Kishanpur P.S. Case No. 219 of 2022. (Sunil Kumar Panwar, J) Arish/- U T