Aryan Kumar @ Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76306 of 2023 Arising Out of PS. Case No.-257 Year-2022 Thana- LAKHNAUR District- Madhubani ====================================================== Aryan Kumar @ Munna S/O Gopal Verma R/O Village- Deepnagar, P.SDeepnagar, Distt.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-01-2024 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 sections 395 and 412 of the Indian Penal Code.

3. Allegation against some unknown miscreants is that they committed dacoity in the house of the informant by tying the informant and his wife and took away of Rs. 25,000/- cash, jewellery of Rs. 4-5 lacs, clothes, mobile and some documents.

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, namely

Patna High Court CR. MISC. No.76306 of 2023(3) dt.25-01-2024 2/2 Mukesh Kumar before the police which has got no evidentiary value in the eye of law. Neither any looted articles have been recovered from the conscious possession of the petitioner nor he has been put on TIP as yet. The recovery of looted article has been made from the possession of other co-accused, namely, Sonu @ Jafar Khan. Moreover, he is languishing in judicial custody since 04.12.2022.

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 Lakhnaur (RSOP) P.S. Case No. 257 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 A.C.J.M. 1st, Jhanjharpur, Madhubani. (Sunil Kumar Panwar, J) Shubham/- U T