Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76346 of 2024 Arising Out of PS. Case No.-1171 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== Sunny Kumar, aged about 19 years, Gender-Male, Son of Umesh Tanti, Resident of Mohalla -Abgila, Police Station- Muffasil, District - Gaya. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Syed Asgher Najmi, Advocate For the Opposite Party :

Mr. Humayou Ahmad Khan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Muffasil P.S. Case No. 1171 of 2023, Sessions Trial No. 515 of 2024 dated 23.11.2023 registered for the offence punishable under Section 395 of the I.P.C.

3. As per the prosecution case, seven unknown miscreants armed with pistol are alleged to have entered the office of the informant and looted Rs. 6,29,109/- and snatched mobile phones from all the staffs and threatened to kill them.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The F.I.R. is lodged against unknown. The petitioner

Patna High Court CR. MISC. No.76346 of 2024(2) dt.25-10-2024 2/3 is not named in the F.I.R. His name has surfaced in the present case during the course of investigation on the basis of the confessional statement of the co-accused. The informant is not an eye witness to the alleged offence. It is further submitted that till date no T.I. Parade has been conducted. No incriminating article has been recovered from his possession. The other coaccused persons, Nitish Kumar @ Bhola and Rishi Kumar have already been granted bail by a Bench of this Court vide Cr. Misc. No. 34879 of 2024 under order dated 15.05.2024 and Cr. Misc. No. 63165 of 2024 under order dated 19.09.2024 respectively. The petitioner has three criminal antecedents as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 27.11.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Gaya, in connection with Muffasil P.S. Case No. 1171 of 2023, Sessions Trial No. 515 of 2024.

Patna High Court CR. MISC. No.76346 of 2024(2) dt.25-10-2024 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T