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Patna High CourtCR. MISC./73894/2022allowed

Aman Kumar @ Mohan Kumar @ Mohan v. The State Of Bihar

2023-07-03Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73894 of 2022 Arising Out of PS. Case No.-705 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== Aman Kumar @ Mohan Kumar @ Mohan Son Of Sugriv Yadav R/O Ward No. 01, Routara, P.S.- Routara, Distt.- Araria, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal Ms. Diksha Kumari Mr. Kumar Rajdeep For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 392, 420, 467, 414 and 468 of the Indian Penal Code. As per prosecution case, the allegation against the petitioner is that he along with his associate on the point of fire arm have looted away by snatching the cash bag containing Rs. 2 lacs and mobile phone of the informant. It is further alleged that while the accused persons started fleeing away after snatching the cash bag, the co-villagers caught one of the accused persons with the snatched cash bag and another person run away from there leaving his

Patna High Court CR. MISC. No.73894 of 2022(5) dt.03-07-2023 2/3 motorbike on the spot and on inquiry, the person who apprehended on the spot disclosed his name as Aman Kumar @ Mohan Kumar (petitioner) and name of his associate Santosh Kumar.

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 alleged looted money has already been recovered on the spot. The petitioner is neither owner of the recovered motorcycle nor the same has been recovered from his possession. This case is triable by Court of Judicial Magistrate. It is further submitted that the petitioner is languishing in judicial custody since 08.07.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of 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 Forbesganj P.S. Case No. 705 of 2022 on furnishing bail

Patna High Court CR. MISC. No.73894 of 2022(5) dt.03-07-2023 3/3 bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria.

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