Balmiki Kumar @ Nunu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3961 of 2024 Arising Out of PS. Case No.-159 Year-2023 Thana- SINDHIYA District- Samastipur ====================================================== Balmiki Kumar @ Nunu Son of Ratan Mahto R/o vill - Khori, P.s. - Hasanpur, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Shekhar For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 392 of the Indian Penal Code.

As per allegation in the F.I.R., four miscreants on motorcycle snatched Rs. 10,000/-, mobile and sack containing articles from possession of the informant who is a delivery boy. It is further alleged that upon retaliation, they threatened the informant with pistol that he will be killed.

Patna High Court CR. MISC. No.3961 of 2024(3) dt.21-03-2024 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his possession. The petitioner has been dragged in this case on the basis of his criminal antecedents. It has also not been legally verified that recovered articles are stolen or not. Moreover, the petitioner is languishing in judicial custody since 06.07.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Singhiya P.S. Case No. 159 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.3961 of 2024(3) dt.21-03-2024 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Samastipur.

(Sunil Kumar Panwar, J) nirajkrs/- U