Virat @ Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85895 of 2023 Arising Out of PS. Case No.-13 Year-2023 Thana- KARJA District- Muzaffarpur ====================================================== Virat @ Dhananjay Kumar Son Of Prabhat Singh Resident Of Village - Chackwaja Nagma, P.S. - Belsar O.P., District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Bhardwaj For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Section 395 of the Indian Penal Code.

3. The prosecution case as per F.I.R is that the informant works as Team Leader in Instacart Services Private Limited. On the alleged date of occurrence, he was sitting in his office, in the meantime, at about 7:55 P.M, 5-6 miscreants entered into the office and robbed a sum of Rs. 1,86,104/- and mobile from the informant and his office staff on gunpoint.

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and his name has

Patna High Court CR. MISC. No.85895 of 2023(3) dt.09-02-2024 2/2 surfaced in this case on the basis of confessional statement of coaccused Sandeep Kumar and Sonu Kumar, which has no evidentiary value in the eye of law. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has still not been put on T.I.P. The petitioner has no concern with the alleged occurrence. The other co-accused persons have already been granted bail by this Bench vide order dated 11.08.2023 passed in Cr. Misc. No. 50827 of 2023 and 50880 of 2023 respectively. Moreover, the petitioner is languishing in custody since 02.09.2023.

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 J.M. 1st Class, Muzaffarpur West in connection with Karja P.S. Case No.13 of 2023.

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