Sanjiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68960 of 2022 Arising Out of PS. Case No.-350 Year-2022 Thana- MURLIGANJ District- Madhepura ====================================================== Sanjiv Kumar S/O Dinesh Yadav @ Dinesh Prasad Yadav Resident Of Village- Virganv, Ward No- 3, P.S.- Gwalpara (Arar O.P.), DistrictMadhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2023 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 connection with Murliganj P.S. Case No. 350 of 2022 registered under section 395 of the Indian Penal Code. Prosecution case relates to commission of loot of Rs. 1,50,000/- and one android Vivo Mobile from the shop of the informant when he was going to close his shop by six miscreant persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in F.I.R. rather his name came into light in this cases on the basis of confessional statement of co-accused namely Shubham Kumar

Patna High Court CR. MISC. No.68960 of 2022(2) dt.27-02-2023 2/2 Suman @ Sonu before the police. From perusal of impugned order, it appears that Rs. 5500/- was recovered from the possession of the petitioner but neither the petitioner has been put on TIP nor in respect of recovered cash has been put on T.I.P. The petitioner has no knowledge about the alleged occurrence and he has been made accused only on the confession of other coaccused. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent and he is languishing in judicial custody since 02.08.2022. The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Murliganj P.S. Case No. 350 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Madhepura.

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