Shashibhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1914 of 2023 Arising Out of PS. Case No.-469 Year-2022 Thana- PATRAKARNAGAR District- Patna ====================================================== SHASHIBHUSHAN KUMAR SON OF SUKHU SAO R/O MOHALLANAYA TOLA, DABARGALI, KUMHARAR, P.S.- AGAMKUAN, DISTT.- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saurav Anand For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 395 of the Indian Penal Code.

The allegation against the petitioner is to commit dacoity along with other unknown co-accused persons and while committing so took away cash of Rs. 50,000/-, mobile phones and ornaments belong to informant and his family members. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of the co-accused namely, Amit Kumar.

Patna High Court CR. MISC. No.1914 of 2023(2) dt.28-03-2023 2/2 Neither petitioner is name in the FIR nor he is put on TIP. It is further submitted that nothing incriminating articles have been recovered from his conscious possession. He has got no criminal antecedent. Similarly situated co-accused Triloki Kumar has already been granted bail by a coordinate Bench of this Court vide order dated 20.03.2023 passed in Cr. Misc. No. 73367 of 2022. The petitioner is languishing in judicial custody since 17.08.2022.

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 judicial 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 Patrakarnagar P.S. Case No. 469 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 Judicial Magistrate, Ist, Class, Patna. (Sunil Kumar Panwar, J) Manish/- U T