Bhushan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6729 of 2023 Arising Out of PS. Case No.-236 Year-2021 Thana- MIRGANJ District- Gopalganj ====================================================== BHUSHAN SINGH Son of Jitendra Singh R/V- Chhitanpur, P.S- Asaon, DistSiwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2023 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 Sections 395 and 397 of the Indian Penal Code.

3. As per prosecution case, some unknown miscreants, who are armed with weapon they intercepted the informant's truck Bearing No. (BR02X-6061) and took him into custody, thereafter tied towel around his eye and forcibly boarded him into Bolero Car and left him on the Highway and snatched mobile. It is further alleged that they looted his truck, which was loaded with Sariya (Iron rod).

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

Patna High Court CR. MISC. No.6729 of 2023(3) dt.23-08-2023 2/2 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 statement of co-accused Ajay Kumar Chauhan, 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. He is languishing in judicial custody since 09.07.2022.

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 Court below in connection with Mirganj P.S. Case No. 236 of 2021.

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