Patna High CourtCR. MISC./79755/2023allowed

Rohit Kumar Thakur v. The State Of Bihar

2024-02-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79755 of 2023 Arising Out of PS. Case No.-34 Year-2023 Thana- NATWAR District- Rohtas ====================================================== ROHIT KUMAR THAKUR SON OF UMESH THAKUR R/O VILLAGECHAKKI, J.P.DERA, P.S.- BRAHAMPUR, DISTRICT- BUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== 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 registered for the offence punishable under section 395 of the Indian Penal Code.

3. As per prosecution case, it is alleged that some unknown miscreants snatched motorcycle and mobile phone of the informant and his friend on gun point.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. He was arrested in Natwar P.S. Case No. 35 of 2023 thereafter, his self confession was made and on the basis of which he has falsely been implicated in this case. Neither he was put on TI Parade nor any

Patna High Court CR. MISC. No.79755 of 2023(3) dt.29-02-2024 2/2 incriminating article has been recovered from his conscious possession. Moreover, similarly situated co-accused namely, Deepak Kumar has already been granted bail by Court vide order dt. 7.11.2023 passed in Cr. Misc. No. 70574. It is further submitted that the petitioner is languishing in judicial custody since 21.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Natwar P.S. Case No. 34 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Bikramganj.

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