Mohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67522 of 2023 Arising Out of PS. Case No.-320 Year-2023 Thana- GRIYAK District- Nalanda ====================================================== MOHIT KUMAR SON OF ARBIND KUMAR R/o vill - Nimi, P.s. - Shekhopur Sarai, Distt. - Sheikhpura ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== 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 registered for the offence punishable under section 386, 387, 34 of the Indian Penal Code and Section 27 of Arms Act.

3. As per FIR, the informant alleged that two unknown miscreants used to come near his home and after throwing a letter they were fled away from there in which a demand of Rs. 15 lakh was made. It is further alleged that the they also used to fire to threaten the informant.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this

Patna High Court CR. MISC. No.67522 of 2023(2) dt.17-10-2023 2/2 present case merely on the basis of confessional statement of co-accused. The petitioner is not named in the FIR and he has no concern with the alleged occurrence. Neither the petitioner was put on TIP nor any looted article has been recovered from his conscious possession. It is further submitted that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 28.06.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Giriyak (Pawapuri) P.S. Case No. 320 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Biharsharif, Nalanda.

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