Dharmpal Kumar @ Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67541 of 2023 Arising Out of PS. Case No.-34 Year-2023 Thana- KARAI PARSURAI District- Nalanda ====================================================== Dharmpal Kumar @ Sonu Kumar Son Of Arvind Kumar @ Arvind Prasad Resident Of Village-Dalali Bigha @ Daldali Chak, Police Station-Nagarnausa (Hilsa), District-Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 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 Section 394 of the Indian Penal Code and later on added Section 411 of the IPC.

3. As per prosecution case, the informant along with his friend were returning his village by motorcycle, in the meantime three unknown miscreants armed with pistol attacked the informant and his friend and snatched his motorcycle, mobile phone and cash of Rs. 1,5000/-.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and

Patna High Court CR. MISC. No.67541 of 2023(2) dt.31-10-2023 2/2 the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Rohit Kumar, which has got no evidentiary value in the eyes of law. The as alleged looted article has been recovered from the possession of other coaccused persons and no incriminating/looted article has been recovered from the possession of the petitioner. He is languishing in judicial custody since 13.03.2023.

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 Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Karai Parsurai P.S. Case No. 34 of 2023.

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