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Patna High CourtCR. MISC./74904/2022allowed

Piyush Kumar v. The State Of Bihar

2023-03-24Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74904 of 2022 Arising Out of PS. Case No.-290 Year-2022 Thana- BARAUNI RAIL P.S. District- Begusarai ====================================================== Piyush Kumar Son Of Sarwan Kumar Singh Resident Of Village- Simaria, P.S.- Barauni, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Chandra For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Rail Baruani P.S. Case No. 290 of 2022 registered under section 392 of the Indian Penal Code.

Allegation against the three unknown miscreants is that they snatched mobile from the informant when he objected then they assaulted him. It is further alleged that informant escaped from there to save himself and after that they looted his motorcycle Bearing Registration No. BR09T 8287, mobile of Vivo company, some documents and Rs. 1,000/- and fled from there.

Patna High Court CR. MISC. No.74904 of 2022(2) dt.24-03-2023 2/3 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 suspicion. The petitioner is not named in F.I.R. rather his name came into light in this case during the course of investigation on the basis of confessional statement of co-accused, namely, Prince Kumar before the police. It is further submitted that neither any looted article has been recovered from his possession nor he has been put on T.I.P. He has no concern with the alleged offence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He has voluntarily surrendered before the court below on 13.10.2022 and since then he is languishing in judicial custody.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Rail Barauni P.S. Case No. 290 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.74904 of 2022(2) dt.24-03-2023 3/3 amount each to the satisfaction of the learned Railway Judicial Magistrate, Barauni.

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