Sharwan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3270 of 2023 Arising Out of PS. Case No.-2 Year-2022 Thana- KURSAILA District- Katihar ====================================================== 1.

SHARWAN KUMAR S/o Dinesh Mandal R/v- Jhallu Das Tola, P.S.- Rangra (O.P.), District- Bhagalpur 2.

ROHIT KUMAR S/o Gholati Das R/v- Bhim Das Tola, P.S.- Rangra Chowk, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

As per prosecution case, while the informant was returning after closing his shop by motorcycle, in the meantime, four miscreants intercepted and assaulted him. The accused persons snatched mobile along with cash of Rs. 1000/- from the informant and fled way.

Learned counsel for the petitioners submits that the petitioner is innocent and has committed no offence. They have

Patna High Court CR. MISC. No.3270 of 2023(2) dt.04-04-2023 2/2 falsely been implicated in this case. Neither the petitioners were put on TI Parade nor any incriminating article has been recovered from their conscious possession rather their name have come into light on the basis of confession made by coaccused namely, Sudhansu Kumar. It is further submitted that the petitioners are languishing in judicial custody since 23.8.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Kursela P.S. Case No. 02 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of concerned Court Katihar.

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