Pintu Kumar @ Pintu Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65782 of 2023 Arising Out of PS. Case No.-263 Year-2021 Thana- TARAIYA District- Saran ====================================================== 1.
Pintu Kumar @ Pintu Kumar Pandey Son of Surendar Pandey Resident of Village - Sarafara, Police Station - Barauli, District- Gopalganj. 2.
Vicky Kumar @ Arav Srivastava Son of Rajesh Kumar Resident of Village - Mahaicha, Police Station - Unhkagaon, District - Gopalganj. ... ... petitioners/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the petitioners/s :
Mr.Raghav Prasad For the Opposite Party/s :
Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case instituted for the offence under Section 392 of the Indian Penal Code but charge-sheet has been submitted under Section 395 of the IPC.
3. As per prosecution case, four unknown miscreants came at the shop of the informant and took the key of the
Patna High Court CR. MISC. No.65782 of 2023(2) dt.17-10-2023 2/3 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. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. Petitioners are not named in the FIR and the same has been lodged against unknown persons. The name of the petitioners has come into light, on the basis of confessional statements of the petitioners 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 petitioners. No T.I. Parade has been done. They are 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 petitioners on bail. The above named petitioners is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.65782 of 2023(2) dt.17-10-2023 3/3 satisfaction of the learned A.C.J.M.-I, Saran at Chapra in connection with Taraiya P.S. Case No. 263 of 2021. (Sunil Kumar Panwar, J) Arish/- U T