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Patna High CourtCR. MISC./77772/2023allowed

Sanjan Kumar @ Sajjan Yadav @ Sanjan Yadav v. The State Of Bihar

2023-12-05Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77772 of 2023 Arising Out of PS. Case No.-208 Year-2021 Thana- BAKHARI District- Begusarai ====================================================== SANJAN KUMAR @ SAJJAN YADAV @ SANJAN YADAV SON OF DHANUSHDHARI YADAV R/O OF VILLAGE- SAKHWA, P.S.- BITHAN, DISTRICT- SAMASTIPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 392 and 397 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, some unknown miscreants came on motorcycle and dashed the informant's motorcycle. It is further alleged that on the point of pistol the miscreants snatched the bag of the informant in which Rs. 3,74,620/- and

Patna High Court CR. MISC. No.77772 of 2023(2) dt.05-12-2023 2/3 fled away.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Raj Kishore Kumar, which has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 02.11.2022 passed in Cr. Misc. No. 3048 of 2022. He is languishing in judicial custody since 12.09.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.77772 of 2023(2) dt.05-12-2023 3/3 satisfaction of the learned C.J.M., Begusarai in connection with Bakhri P.S. Case No. 208 of 2021.

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