Amrendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75959 of 2023 Arising Out of PS. Case No.-80 Year-2023 Thana- MAJORGANJ District- Sitamarhi ====================================================== Amrendra Kumar Son Of Late Laxmi Mahto R/O Village- Rasulpur, P.S.- Majorganj, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 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 392 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, the allegation is that the informant was going on his vehicle with Rs. 1,10,000/- in his pocket in the meantime, two miscreants came and on the point of pistol snatched the said amount from the informant along with his mobile phone. It is further alleged that one of them opened fire.

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

Patna High Court CR. MISC. No.75959 of 2023(2) dt.30-11-2023 2/2 in FIR rather his name came into light in this case on the basis of confessional statement of apprehended co-accused Umesh Ram before the police which has got no evidentiary value in the eye of law. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated other co-accused person has already been granted bail by another co-ordinate Bench of this Court vide Annexurep-P/2 of this petition. Moreover, the petitioner is languishing in judicial custody since 22.05.2023.

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 Majorganj P.S. Case No. 80 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-1st, Sitamarhi.

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