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Patna High CourtCR. MISC./604/2024allowed

Anup Kumar v. The State Of Bihar

2024-01-24Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.604 of 2024 Arising Out of PS. Case No.-313 Year-2022 Thana- AMNAUR District- Saran ====================================================== Anup Kumar, S/o Laxman Prasad, R/o village-Gopalpur, P.S.-Bhagwanpur, District-Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nalin Kumar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Amnour P.S. Case No. 313 of 2022 for the offence registered under Section 392 of the Indian Penal Code.

3. As per the prosecution case, on the date of occurrence while informant was going to Amnour with bilty, on the way a car intercepted him in which four persons were sitting. They were having Katta. They closed the eyes of the informant and managed to flee away taking his vehicle. They left the informant near brick kiln.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. No incriminating article has been recovered from his possession. F.I.R. has been lodged against unknown persons.

Patna High Court CR. MISC. No.604 of 2024(2) dt.24-01-2024 2/2 Name of the petitioner transpired during course of investigation on the basis of confessional statement of co-accused Jitendra Prasad which has no evidentiary value in the eye of law. Petitioner was not arrested on the spot and no T.I.P. has been conducted till date. Petitioner has two criminal antecedents in which he is on bail. He is in custody since 19.06.2023. Chargesheet has already been submitted.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Amnour P.S. Case No. 313 of 2022. (Sunil Dutta Mishra, J) rakhi/- U T