Ayush Kumar @ Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76435 of 2023 Arising Out of PS. Case No.-359 Year-2023 Thana- PAROO District- Muzaffarpur ====================================================== Ayush Kumar @ Suraj Kumar S/O Upendra Singh Village- Kamalpura Mathiya, Ps. Paroo, Dist. Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 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 392 of the Indian Penal Code.

3. As per prosecution case, four miscreants have looted Rs. 30,721/- and one tab from 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 in FIR rather his name came into light in this case on the basis of confessional statement of other co-accused person before the police. Nothing looted article has been recovered from the conscious possession of the petitioner. It is further submitted

Patna High Court CR. MISC. No.76435 of 2023(2) dt.01-12-2023 2/2 from para-7 of this petition that the recovered amount of Rs. 7500/- from the possession of the petitioner was his own money. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 20.08.2023. Similarly situated other co-accused person has already been granted bail by another co-ordinate Bench of this Court vide order dated 29.11.2023 in Cr. Misc. No. 74205 of 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 Paroo P.S. Case No. 359 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 J.M. 1st Class (West), Muzaffarpur.

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