Sumit Kumar Bharti @ Chhotu Paswan @ Sumit Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80692 of 2024 Arising Out of PS. Case No.-139 Year-2022 Thana- KISHANGANJ District- Kishanganj ====================================================== Sumit Kumar Bharti @ Chhotu Paswan @ Sumit Kumar Paswan Son of Durganand Paswan Resident of Jhala, P.S. - Tedhagachh, District - Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kumar, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Kishanganj P.S. Case No. 139 of 2022, instituted for the offences punishable under Section 382 of the Indian Penal Code.

3. The prosecution case, in short, is that, two unknown miscreants snatched a bag from the informant containing cash of Rs. 70,000/-, RC of motorcycle along with other articles and fled away from the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted as well as Charge has been framed in this case. No incriminating material has been

Patna High Court CR. MISC. No.80692 of 2024(2) dt.22-11-2024 2/3 recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner was not arrested on spot. Name of the petitioner has transpired on the basis of confessional statement of co-accused Sachin Gwala and the same has got no evidentiary value. No recovery of stolen articles have been made from the possession of the petitioner. It is further submitted that no T.I. parade has been conducted in this case. The petitioner is in custody since 27.06.2024 and has got three criminal antecedents in which he is on bail in all cases. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 31.08.2024 passed in Cr. Misc. No. 59916 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.80692 of 2024(2) dt.22-11-2024 3/3 below/concerned Court in connection with Kishanganj P.S. Case No. 139 of 2022.

(Rudra Prakash Mishra, J) Rajorshi/- U T