Patna High CourtCR. MISC./73669/2024allowed

Sumant Kumar v. The State Of Bihar

2025-01-20Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73669 of 2024 Arising Out of PS. Case No.-77 Year-2024 Thana- HULASGANJ District- Jehanabad ====================================================== Sumant Kumar S/o- Dhanu Mistri Village- Saho Bigha Ps- Ghosi DistJehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar, Advocate For the Opposite Party/s :

Mr.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

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

3. The case of the prosecution is that the informant is a utensil seller. On 22.03.2024 at about 3:30 P.M. when he was returning from village, Kandol, some boys on a bike chased him and took away his mobile and cash of Rs. 5260/-.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in connection with the present case. It has been further submitted from perusal of the FIR that the name of the petitioner has not been named in the FIR. The petitioner was apprehended on mere

Patna High Court CR. MISC. No.73669 of 2024(3) dt.20-01-2025 2/2 suspicion and he himself has given confessional statement before the police which has no evidentiary value in the eye of law. Moreover, the petitioner is languishing in judicial custody since 24.05.2024 and nothing has been recovered from his conscious possession.

5. Learned APP appearing for the state has opposed the prayer of regular bail stating that the petitioner has criminal antecedent of three cases.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hulasganj P.S. Case No. 77 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge - III, Jehanabad. (Ashok Kumar Pandey, J) Jagdish/- U T