Babul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1114 of 2023 Arising Out of PS. Case No.-36 Year-2022 Thana- KUMAR KHAND District- Madhepura ====================================================== BABUL KUMAR S/O ASHOK YADAV R/V- HARIBOLA, WARD NO. 06, P.S. KUMARKHAND, DISTRICT- MADHEPURA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 395 of the Indian Penal Code.

As per prosecution case, the allegation of Dacaoity is against unknown persons in the Uttar Bihar Gramin Bank, Kumarkhand Branch on the point of pistol.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner is not named in the FIR. He submitted that the petitioner has been implicated in the present case only on the basis of confessional statement of co-accused Dilip Kumar, which has no evidentiary

Patna High Court CR. MISC. No.1114 of 2023(3) dt.11-04-2023 2/2 value in the eyes of law. He further submitted that nothing incriminating article has been recovered from the conscious possession of the petitioner and till date no T.I. Parade has been conducted by the prosecution. He is languishing in judicial custody since 14.07.2022.

The application for bail is opposed by learned APP for the State.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Madhepura in connection with Kumar Khand P.S. Case No. 36 of 2022.

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