Patna High CourtCR. MISC./5070/2024allowed

Abodh Paswan @ Abodh Kumar v. The State Of Bihar

2024-02-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5070 of 2024 Arising Out of PS. Case No.-289 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== Abodh Paswan @ Abodh Kumar S/O Ramashray Paswan Village- Madhopur, Mahuawa, Ps. Chiraiya, Dist. East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 379 of the Indian Penal Code. Charge sheet has been submitted under Sections 379 and 411 of the IPC.

3. Prosecution case relates to theft of a motorcycle of the informant and the same was recovered from the possession of this petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case during investigation. A statement has been made in para-3 of this

Patna High Court CR. MISC. No.5070 of 2024(2) dt.07-02-2024 2/2 petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 12.06.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as 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 after framing of charge if the charge is not framed in connection with Chiraiya P.S. Case No. 289 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sikarhna at Dhaka, East Champaran.

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