Jwala Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81400 of 2023 Arising Out of PS. Case No.-370 Year-2022 Thana- RAJAPAKAR District- Vaishali ====================================================== Jwala Kumar S/O Chhabilal Bhagat @ Chhabilal Bhagat Village- Daudnagar, Ps. Bidupur, Dist. Vaishali (BIHAR).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 356, 379 of the Indian Penal Code.

It is alleged that article worth Rs. 16,296/- was robbed by two unknown criminals from the informant who works as delivery boy in Flipcart.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.81400 of 2023(2) dt.05-01-2024 2/3 been implicated in this case. The petitioner is not named in the F.I.R nor he was apprehended from the spot. The petitioner has been roped in the present case only on the confessional statement of co-accused Sachindra Paswan which has no evidentiary value in the eye of law. Moreover, nothing has been recovered from the conscious possession of the petitioner and the petitioner has still not been put on T.I.P. The petitioner is languishing in custody since 12.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions

Patna High Court CR. MISC. No.81400 of 2023(2) dt.05-01-2024 3/3 Judge-XII, Vaishali at Hajipur in connection with Rajapakar (Baranti O.P) P.S. Case No. 370 of 2022. (Sunil Kumar Panwar, J) Shageer/- U T