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Patna High CourtCR. MISC./82457/2023allowed

Brijesh Kumar @ Vikash v. The State Of Bihar

2024-03-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82457 of 2023 Arising Out of PS. Case No.-166 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== Brijesh Kumar @ Vikash SON OF NAKCHHED SAH village Bharwa Tola Gurwaliya Police Station Manuapool O P district west CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-03-2024 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 394 of the Indian Penal Code.

3. It is a case of robbery. Four unknown miscreants boarded on two motorcycles came and on the point of pistol, snatched the bag containing cash of Rs. 2,50,000/- from the informant and fled away.

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. His name transpired in this case on the basis of confessional statement of other co-accused therafter, he was remanded in this case from Nautan P.S. Case

Patna High Court CR. MISC. No.82457 of 2023(3) dt.19-03-2024 2/2 No. 196 of 2023. Neither the petitioner was put on TIP nor any incriminating material has been recovered from his conscious possession. Other co-accused Nandlal Kumar has already been granted bail by this Court vide order dt. 14.12.2023 passed in Cr. Misc. No. 80839 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 3.7.2023.

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 Nautan(Jagdishpur) P.S. Case No. 166 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 Sub Divisional Judicial Magistrate, Bettiah at West Champaran.

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