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Patna High CourtCR. MISC./79787/2023allowed

Dhulan Kumar @ Sumant Kumar v. The State Of Bihar

2023-12-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79787 of 2023 Arising Out of PS. Case No.-20 Year-2023 Thana- AGRER District- Rohtas ====================================================== Dhulan Kumar @ Sumant Kumar Son Of Baban Sharma Resident Of Village - Dudhar, Police Station - Nokha, District - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

3. Allegation against the petitioner along with other co-accused persons is that they snatched Rs. 11,800/- along with some documents from the informant on pistol point.

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 in FIR rather his name came into light in this case on the basis of confessional statement of other co-accused person, namely, Badal Kumar before the police which has got no evidentiary

Patna High Court CR. MISC. No.79787 of 2023(2) dt.11-12-2023 2/2 value in the eye of law and he has already been granted bail by another co-ordinate Bench of this Court vide P/2 of this petition. Nothing has been recovered from the conscious possession of the petitioner and also he has not been put on TIP as yet. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 03.07.2023.

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 Agrer P.S. Case No. 20 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 S.D.J.M., Sasaram, Rohtas.

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