Pintu Kumar @ Pritam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75976 of 2023 Arising Out of PS. Case No.-212 Year-2023 Thana- SUPAUL District- Supaul ====================================================== Pintu Kumar @ Pritam S/O Late Chandeshwari Prasad R/O VillageChoughara, Ward No. 05, P.S- Supaul, Distt.- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prafull Chandra Thakur For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 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 394 of the Indian Penal Code and later on Sections 395 and 412 of the IPC were added.

3. The allegation against the petitioner along with other co-accused persons is of assaulting the informant due to which he sustained injury. It is further alleged that the accused persons have taken Rs. 6,500/- and a mobile phone of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named

Patna High Court CR. MISC. No.75976 of 2023(2) dt.30-11-2023 2/2 in FIR rather his name came into light in this case on the basis of confessional statement of one Pintu Kumar before the police which has got no evidentiary value in the eye of law. Nothing has been recovered from the conscious possession of the petitioner and also he has not been put on TIP. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 09.10.2023 in Cr. Misc. No. 61412 of 2023. Moreover, the petitioner is languishing in judicial custody since 05.04.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Supaul P.S. Case No. 212 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Supaul.

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