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Patna High CourtCR. MISC./69624/2022allowed

Abhinash Kumar Singh @ Abhinash Kr. Singh v. The State Of Bihar

2023-04-13Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69624 of 2022 Arising Out of PS. Case No.-127 Year-2022 Thana- SIMRI District- Darbhanga ====================================================== ABHINASH KUMAR SINGH @ ABHINASH KR. SINGH S/O BRIJ NARAYAN SINGH Resident of Village- Karpur Pali, P.S.- Khajauli DistrictMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

As per prosecution case, 3-4 unknown miscreants stopped the vehicle and thereafter fled away with the Eicher 2110 Dark Parcel Van, in which Amazon company's parcels were kept inside.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.69624 of 2022(3) dt.13-04-2023 2/3 that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner is not named in the FIR. He submitted that the petitioner has implicated in the present case, only on the basis of confessional statement of co-accused Ritesh Kumar, which has got no evidentiary value in the eyes of law. He submitted that except confessional statement, there is no consistent evidence against the petitioner only one mobile which is said to be robbed recovered from the possession of the petitioner. He further submitted that no other articles which were said to be looted recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 16.08.2022.

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

Patna High Court CR. MISC. No.69624 of 2022(3) dt.13-04-2023 3/3 A.C.J.M.-IV, Darbhanga in connection with Simri P.S. Case No. 127 of 2022.

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