Patna High CourtCR. MISC./79239/2023allowed

Priyanshu Kumar @ Sethjee v. The State Of Bihar

2023-12-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79239 of 2023 Arising Out of PS. Case No.-33 Year-2022 Thana- DIGHWARA District- Saran ====================================================== PRIYANSHU KUMAR @ SETHJEE SON OF LATE MANOJ KUMAR THAKUR RESIDENT OF VILLAGE- SISAI, PS- SAHAJITPUR, DISTTSARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 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 395 of the Indian Penal Code.

3. As per FIR, the allegation against co-accused persons and four unknown miscreants is that they looted photography equipment from the informant and cash Rs. 6000/- and fled away.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis of confessional statement of

Patna High Court CR. MISC. No.79239 of 2023(2) dt.13-12-2023 2/2 co-accused. The petitioner is not named in the FIR and he has no concern with the alleged occurrence. Neither the petitioner was put on TIP nor any looted article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 13.08.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dighwara P.S. Case No. 33 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 Additional Chief Judicial Magistrate-II, Saran at Chapra.

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