Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67006 of 2022 Arising Out of PS. Case No.-379 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== Rohit Kumar Son of Late Timal Prasad, R/O Village - Station Pokhara, Ward No.- 36, Bettiah, P.S.- Bettiah (Town), District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Bettiah (Town) P.S. Case No. 379 of 2022 registered for the offence punishable under Section 392 of the Indian Penal Code. As per the prosecution, the informant alleged that three unknown miscreants looted a cash of Rs. 3,04,000/- by brandishing their weapons and also destroyed the CCTV cameras etc.

The main submissions advanced by the learned counsel for the petitioner are that in the said matter the FIR was lodged against unknown persons and during the investigation the petitioner was made accused mainly on the basis of

Patna High Court CR. MISC. No.67006 of 2022(2) dt.14-03-2023 2/3 confessional statements of the accused persons, except these statements there is no any other material against him and he was not put on test identification parade and after his arrest in the present matter no recovery of the looted articles was made from his possession and similarly situated co-accused persons namely, Manish Kumar @ Manish Kumar Singh and Vicky Kumar have been granted bail by different Benches of this court vide orders passed in Cr. Misc. No. 54219 of 2022 and Cr. Misc. 53660 of 2022 respectively.

Learned APP appearing for the State has opposed the bail prayer.

Considering the petitioner's pleas that after his arrest the police did not recover any part of the looted articles from his possession and he has been made accused mainly on the basis of confessional statements of the accused persons before the police and he was not put on test identification parade and the said pleas have not been refuted by the learned APP and two similarly situated co-accused persons are on bail, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.67006 of 2022(2) dt.14-03-2023 3/3 concerned Court in connection with Bettiah (Town) P.S. Case No. 379 of 2022.

(Shailendra Singh, J) Rajiv/- U T