Sumant Kumar Panday v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1110 of 2023 Arising Out of PS. Case No.-104 Year-2022 Thana- KHAIRA District- Jamui ====================================================== Sumant Kumar Panday Son Of Pramod Panday R/O Village- Dumarkola, P.S.- Khaira, District- Jamui ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== 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 filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 395/412 of the Indian Penal Code.

The allegation against the petitioner is to commit dacoity along with other co-accused persons and while committing so taken away cash of Rs. 2,00,000/- (Rupees Two Lakhs) of the informant.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.1110 of 2023(2) dt.28-03-2023 2/3 falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. The recovered cash has also not been put on T.I.P. His name sprang up in this case on the basis of his self confessional statement. The as alleged recovered money belongs to petitioner. Moreover, the petitioner is languishing in judicial custody since 11.03.2022. Similarly situated co-accused person has been granted bail vide order dated 23.02.2023, passed in Cr. Misc. no. 66789 of 2022 by the co-ordinate Bench of this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Khaira P.S. Case No. 104 of

Patna High Court CR. MISC. No.1110 of 2023(2) dt.28-03-2023 3/3 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Jamui.

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