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Patna High CourtCR. MISC./79562/2023allowed

Bikram Kumar@ Chhotu v. The State Of Bihar

2023-12-13Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79562 of 2023 Arising Out of PS. Case No.-180 Year-2023 Thana- KORHA District- Katihar ====================================================== Bikram Kumar@ Chhotu S/O Surya Narayan Turi R/O Chandu Tola, Simariya, P.S.- Korha, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 395, 412 of the Indian Penal Code and Sections 25(1-B) a, 26, 35 of the Arms Act.

As per the prosecution case, six unknown miscreants boarded on a motorcycle came there and snatched the mobile and Rs. 500/- of the informant on the point of pistol. They also looted the tractor loaded with maize.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.79562 of 2023(2) dt.13-12-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up on the confessional statement of co-accused Chhotu and Lakki. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged offence. The petitioner has still not been put on T.I.P. The petitioner is languishing in custody since 11.05.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.79562 of 2023(2) dt.13-12-2023 3/3 Magistrate, Katihar in connection with Korha P.S. Case No. 180 of 2023.

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