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Patna High CourtCR. MISC./77177/2023allowed

Rajiv Kumar @ Sanjiv Kumar v. The State Of Bihar

2024-02-27Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77177 of 2023 Arising Out of PS. Case No.-341 Year-2022 Thana- SANGRAMPUR District- East Champaran ====================================================== Rajiv Kumar @ Sanjiv Kumar Son Of Mohan Singh Resident Of Village - Barkagaon, P.S. - Pakaridayal, District - East Champaran. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Subodh Kumar Barnwal For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 392 of the Indian Penal Code.

3. As per prosecution case, some unknown persons boarded on bike came and on the point of pistol looted Aadhar Card, Driving license, cash as well as pick-van of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional

Patna High Court CR. MISC. No.77177 of 2023(3) dt.27-02-2024 2/2 statement of co-accused persons, which has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 15.10.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari, East Champaran in connection with Sangrampur P.S. Case No. 341 of 2022. (Sunil Kumar Panwar, J) Arish/- U T