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Patna High CourtCR. MISC./81889/2023allowed

Aaryan Kumar @ Arman Kumar @ Mithlesh Kumar v. The State Of Bihar

2023-12-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81889 of 2023 Arising Out of PS. Case No.-127 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== AARYAN KUMAR @ ARMAN KUMAR @ MITHLESH KUMAR SON OF RAM SWARUP YADAV RESIDENT OF VILLAGE - AAMIN, P.S. - HUNTERGANJ, DISTRICT - CHATRA (JHARKHAND) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 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, two unknown persons entered into CSP office of the informant and took away cash of Rs. 15,000/- to 20,000/- on the point of pistol.

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

Patna High Court CR. MISC. No.81889 of 2023(2) dt.19-12-2023 2/2 statement of Ramesh Kumar, which has got no evidentiary value in the eyes of law. On the basis of suspicion and due to his criminal antecedents, petitioner has been implicated in the present case. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He is languishing in judicial custody since 23.08.2023.

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 only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Sherghati, Gaya in connection with Sherghati P.S. Case No. 127 of 2023. (Sunil Kumar Panwar, J) Arish/- U T