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Patna High CourtCR. MISC./72502/2022allowed

Jhuna Kumar @ Jhuna Sahani @ Jhunna Kumar v. The State Of Bihar

2023-03-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72502 of 2022 Arising Out of PS. Case No.-111 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== Jhuna Kumar @ Jhuna Sahani @ Jhunna Kumar S/O Subash Sahani R/O Village- Majhariya, P.S.- Piprakothi, Distt- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2023 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, informant being R.O. in Bandhan Bank, Motihari alleged that on 18.04.2022, while he was returning after cash collection. Some miscreants along with this petitioner surrounded him and assaulted on his head by butt of the pistol and on the gun point looted cash of Rs. 1,12,675 and other articles.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.72502 of 2022(2) dt.20-03-2023 2/2 confessional statement of the co-accused namely, Md. Shohrab Alam. Neither petitioner is named in the FIR nor put on TIP. It is also submitted that nothing incriminating articles have been recovered from the conscious possession of this petitioner. Moreover, the petitioner is languishing in judicial custody since 16.07.2022.

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 judicial 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 Piprakothi P.S. Case No. 111 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Motihari, East Champaran.

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