Anand Pathak @ Shrestha Narayan Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2897 of 2023 Arising Out of PS. Case No.-36 Year-2020 Thana- NAURANGIA District- West Champaran ====================================================== Anand Pathak @ Shrestha Narayan Pathak, Son Of Bhola Pathak @ Bholanath Pathak, R/O Village- Harpur, P.S.- Majhaulia, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. However, the police has found the occurrence to be true under Section 395 of the Indian Penal Code.

As per prosecution case, while the informant was coming home over the motorcycle and reached near Dhobaha bridge, four unknown miscreants on two motorcycles came there and stopped his motorcycle and looted his motorcycle and mobile phone.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The

Patna High Court CR. MISC. No.2897 of 2023(4) dt.19-06-2023 2/2 petitioner is not named in the F.I.R. He has falsely been implicated in this case. The petitioner has not been put on T.I. Parade. The name of the petitioner has been dragged in this case on the basis of confessional statement of co-accused, Saif Ali and Mithun Kumar. Nothing incriminating article has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 08.06.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of 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 Naurangia P.S. Case No. 36 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Bagaha, West Champaran.

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