Bipul @ Satyam Kumar @ Bipul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73196 of 2023 Arising Out of PS. Case No.-94 Year-2023 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Bipul @ Satyam Kumar @ Bipul Kumar S/O Nawal Ram R/O VillageAmbari, P.S- Shekhpur Sarai, Distt.- Shekhpura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumari Anupam For the Opposite Party/s :
Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 395 of the the Indian Penal Code.
3. Allegation against the ten miscreants is that they snatched the motorcycle bearing Reg. No. BR21Z-0978, mobile phone, cash and other things from the informant on the point of pistol.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics and high handedness of the police. The petitioner is not named in
Patna High Court CR. MISC. No.73196 of 2023(2) dt.29-11-2023 2/2 FIR rather his name came into light in this case on the basis of confessional statement of co-accused Golu @ Golden before the police which has got no evidentiary value in the eye of law. No any stolen article has been recovered from the possession of the petitioner and also he has not been put on TIP as yet. Similarly situated co-accused Golu Kumar @ Golden has already been granted bail by this Bench vide order dated 15.09.2023 passed in Cr. Misc. No. 61632 of 2023. Moreover, he is languishing in judicial custody since 10.08.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Shekhopur Sarai P.S. Case No. 94 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sheikhpura.
(Sunil Kumar Panwar, J) lata/- U T