Prashant Kumar @ Laloo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68910 of 2022 Arising Out of PS. Case No.-82 Year-2019 Thana- PASRAHA District- Khagaria ====================================================== PRASHANT KUMAR @ LALOO Son of Sanjay Singh @ Sanjay Kumar Resident of Village- Mahaddipur Police Station- Pasraha, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== 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 prayed for bail in a case registered for the offence punishable under section 394 of the Indian Penal Code.

As per allegation in the FIR, three accused persons riding on a motorcycle intercepted the motorcycle of the informant and snatched his mobile, ATM Card, PAN Card, Cheque Book, Pass Book and RS. 500/- from his pocket. It is further alleged that when the informant speed his motorcycle to save his live, they also assaulted him and then the present FIR against unknown.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case.

Patna High Court CR. MISC. No.68910 of 2022(2) dt.27-02-2023 2/2 Petitioner has not been put on TIP. No one is eye witness of the occurrence. No injury report is brought on record to support the allegation of assault. Save and except self confessional statement, there is no other evidence to support the prosecution story. Confessional Statement made before the police has no evidentiary value in the eye of law. Petitioner is languisning in judicial custody since 12.08.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 Judicial Magistrate, 1st Class, Khagaria in connection with Pasraha P.S. Case No. 82 of 2019.

(Sunil Kumar Panwar, J) subham/- U