Sanni Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65480 of 2022 Arising Out of PS. Case No.-82 Year-2019 Thana- VAISHALI District- Vaishali ====================================================== Sanni Kumar S/O Gulendra Paswan @ Golindra Paswan R/O VillageAmritpur, P.S- Vaishali, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 397, 398 of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case, informant alleged that on 04.03.2019, his truck bearing no. PB-19E-9954, carrying gas cylinder was looted and driver of the said vehicle was also injured by gunshot by the petitioner along with some unknown miscreants.

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 the basis of confession of arrested co-accused before police, which has no

Patna High Court CR. MISC. No.65480 of 2022(3) dt.17-03-2023 2/2 evidentiary value in the eye of law. Neither petitioner is named in the FIR nor TIP has been held. It is further submitted that nothing incriminating articles have been recovered from conscious possession of this petitioner. Similarly situated, co accused Vivek Kumar has already been granted bail by learned Court below vide order dated 06.08.2019 passed in B.P. No.-675 of 2019. It is further submitted that the petitioner is languishing in judicial custody since 20.06.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Vaishali P.S. Case No. 82 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XI, Vaishali at Hajipur.

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