Ujjaval Kumar @ Ujjawal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68744 of 2023 Arising Out of PS. Case No.-263 Year-2021 Thana- TARAIYA District- Saran ====================================================== UJJAVAL KUMAR @ UJJAWAL KUMAR Son of Akhileshwar Rai Resident of Village-Sher, Police Station-Sidhwalia, District-Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Shekhar For the Opposite Party/s :
Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code but charge-sheet has been submitted under Section 395 of the I.P.C.
3. As per allegation in the FIR, four unknown miscreants came at the shop of the informant and took the key of counter and looted cash of Rs. 15,000/- from the running counter and Rs. 40,000/- from saving counter, mobile, gold ring and other materials.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner is not named in the F.I.R. and same has been lodged again unknown
Patna High Court CR. MISC. No.68744 of 2023(2) dt.03-11-2023 2/2 persons. During entire investigation not a single witness has named the petitioner. His name has come into light on the basis his self confessional statement before the police, which has no evidentiary value in the eye of law. Nothing incriminating or looted articles have been recovered from his conscious possession. He has not been put on T.I.P. up till now. Similarly situated coaccused persons have already been enlarged on bail by this Bench vide order dated 17.10.2023 passed in Cr. Misc. No. 65782 of 2023. Moreover, the petitioner is languishing in judicial custody since 12.04.2023.
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 A.C.J.M.-I, Chapra in connection with Taraiya P.S. Case No. 263 of 2021.
(Sunil Kumar Panwar, J) lata/- U T