Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79587 of 2023 Arising Out of PS. Case No.-316 Year-2023 Thana- SAKRA District- Muzaffarpur ====================================================== Suraj Kumar S/O Shri Ramu Ray R/O Village- Muraul, P.S- Maniyari, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 392 of the Indian Penal Code.

3. As per prosecution case, the informant being a employee of Bharat Financial Inclusion Limited and he was going to deposit collected amount of Rs. 1,97,761/- in the meantime, two unknown persons came and looted the cash, motorcycle and other articles.

Patna High Court CR. MISC. No.79587 of 2023(3) dt.29-02-2024 2/3

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of co-accused person, which has got no evidentiary value in the eyes of law. He submitted that the petitioner was purchased the as alleged cell phone from co-accused Amarjeet Kumar by paying Rs. 3,000/-. No T.I. Parade has been done. On the basis of suspicion and due to his criminal antecedents, petitioner has been falsely implicated in the present case by the police. He further submitted that the other co-accused namely, Amarjeet Kumar has already been granted bail by this Bench vide order dated 02.11.2023 passed in Cr. Misc. No. 70035 of 2023. He is languishing in judicial custody since 02.08.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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

Patna High Court CR. MISC. No.79587 of 2023(3) dt.29-02-2024 3/3 only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 12th Muzaffarpur (East) in connection with Sakra P.S. Case No. 316 of 2023.

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