Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64624 of 2022 Arising Out of PS. Case No.-492 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== Sanjay Kumar S/O Late Bachchan Ram Resident Of Village- Fatehabad, P.S.- Paroo, District- Muzaffarpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 395 of the Indian Penal Code.

The prosecution case in nutshell is that 6-7 unknown miscreants entered into the bank premises and on gun point they looted Rs. 6,82,380/- from the vault and Counter of the Branch.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.64624 of 2022(2) dt.24-02-2023 2/3 falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor anything incriminating has been recovered from his possession. The name of petitioner sprang up in this case on the confessional statement of co-accused persons. Moreover, the petitioner is languishing in judicial custody since 6.9.2021. Similarly situated co-accused persons have been granted Bail vide order dated 05.09.2022 and 21.10.2022, passed in Cr. Misc. No. 26996 of 2022 & 35461 of 2022 by the co-ordinate Bench of this Court. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 enlarged on bail in connection with Saraiya P.S. Case No. 492 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.64624 of 2022(2) dt.24-02-2023 3/3 two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1, Muzaffarpur.

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