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Patna High CourtCR. MISC./7858/2024allowed

Kunal Kumar @ Haro @ Baua v. The State Of Bihar

2024-02-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7858 of 2024 Arising Out of PS. Case No.-113 Year-2023 Thana- SOHSARAI District- Nalanda ====================================================== Kunal Kumar @ Haro @ Baua S/O Rajan Singh R/O Village- Dekpura, P.SRahui, Dist.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Section 394 of the Indian Penal Code.

3. As per allegation in the F.I.R., while the informant was going to perform her duty, in the way two unknown persons intercepted her and on the point of knife they snatched the earring, mangalsutra and chain as well as Rs. 2500/- from her.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case merely on suspicion. The petitioner is not named in the F.I.R. He has been remanded in this case from another case Sohsarai P.S. Case No.

Patna High Court CR. MISC. No.7858 of 2024(2) dt.20-02-2024 2/2 118 of 2023. No any looted article has been recovered from his conscious possession or from his house. Nothing has come against the petitioner except self-confession before the police which has no evidentiary value in the eye of law. The other co-accused namely, Prince Kumar has already been granted bail by a coordinate Bench of this Court vide order dated 12.02.2024 passed in Cr. Misc. No. 6200 of 2024. Moreover, the petitioner is languishing in judicial custody since 21.06.2023.

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 Judicial Magistrate 1st Class, Nalanda at Biharsharif in connection with Sohsarai P.S. Case No. 113 of 2023. (Sunil Kumar Panwar, J) lata/- U T