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Patna High CourtCR. MISC./2231/2023allowed

Kishan Kumar @ Krishna Kumar v. The State Of Bihar

2023-03-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2231 of 2023 Arising Out of PS. Case No.-194 Year-2022 Thana- BAKHTIYARPUR District- Patna ====================================================== KISHAN KUMAR @ KRISHNA KUMAR Son of Kumar Munna @ Karu Singh R/v- Achuara, P.S.- Barh, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.Ii :

Mr.Pranav Kumar, Mrs.Priyanaka Kumari For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-03-2023 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 392 of the Indian Penal Code.

As per prosecution case, the informant alleged that on 11.5.2022, while he was going to Patna by his motorcycle, in the meantime, three miscreants came near him and snatched motorcycle along with bag containing several articles like PAN & ATM cards.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion.

Patna High Court CR. MISC. No.2231 of 2023(2) dt.17-03-2023 2/2 Neither the petitioner is named in FIR nor he has been put on TIP rather his name came into light on the basis of confessional statement of co-accused Chhoti Pandey @Rajnish Pandey, before the police which is inadmissible in the eye of law. Nothing incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 28.9.2022.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bakhtiyarpur P.S. Case No. 194 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 A.C.J.M.-III, Barh. (Sunil Kumar Panwar, J) Amandeep/- U T