Lavkush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12350 of 2023 Arising Out of PS. Case No.-74 Year-2019 Thana- KARPI District- Jehanabad ====================================================== LAVKUSH KUMAR Son of Ashok Singh @ Ashok Sharma R/v- Jaipur, P.S.- Mehandiya, District- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudrank Shivam Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-04-2023 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 section 394 of the Indian Penal Code.

As per prosecution case, the informant, driver of OLA Company four wheeler, alleged that when he dropped the accused persons at their destination, they started assaulting him by means of fists and slap and they snatched informant's vehicle along with other useful articles.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in this case on the basis of suspicion. Neither the petitioner has been put on TI Parade nor any incriminating

Patna High Court CR. MISC. No.12350 of 2023(3) dt.27-04-2023 2/2 article has been recovered from his conscious possession. The name of the petitioner has been transpired in this case on the basis of confession made by co-accused namely, Rajkumar which is inadmissible in the eye of law. Moreover, similarly situated co-accused namely, Ravish Kumar has already been granted bail by a co-ordinate Bench of this Court vide order 25.1.2023 passed in Cr. Misc. No. 30386. It is further submitted that the petitioner is languishing in judicial custody since 16.6.2022.

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 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 Karpi P.S. Case No. 74 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Arwal.

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