Prince Kumar @ Badail @ Badal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79075 of 2023 Arising Out of PS. Case No.-229 Year-2022 Thana- DUMRAO District- Buxar ====================================================== Prince Kumar @ Badail @ Badal S/O Chunmun Rai R/O Village- Chilahari, P.S- Dumraon, Naya Bhojpur O.P, Distt.- Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramakant Yadav For the Opposite Party/s :
Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 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 Section 392 of the Indian Penal Code.
3. As per prosecution case, three unknown miscreants, who alleged to snatch the gold chain from the informant.
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, which has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been
Patna High Court CR. MISC. No.79075 of 2023(2) dt.13-12-2023 2/2 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 this Bench vide order dated 03.04.2023 passed in Cr. Misc. No. 2702 of 2023. He is languishing in judicial custody since 12.09.2022.
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 satisfaction of the learned C.J.M., Buxar in connection with Dumraon P.S. Case No. 229 of 2022.
(Sunil Kumar Panwar, J) Arish/- U T