Madhurendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4082 of 2023 Arising Out of PS. Case No.-339 Year-2022 Thana- RIGA District- Sitamarhi ====================================================== Madhurendra Singh Son Of Mohan Singh Resident Of Village - Basbitti, P.S.- Sahiyara, District - Sitamarhi.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-04-2023 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 Section 379 of the Indian Penal Code.

The prosecution case in nutshell is that informant after parking his motorcycle, bearing registration number BR-30Z-3555, at his door, went to sleep. It is further alleged that in the night some unknown thieves stole his motorcycle and even on hectic search, he could not find the aforesaid motorcycle.

Patna High Court CR. MISC. No.4082 of 2023(2) dt.05-04-2023 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. Petitioner is not named in the F.I.R. Nothing incriminating has been recovered from his possession. The name of petitioner sprang up in this case on confessional statement of coaccused Prince Kumar and Golu Kumar. Petitioner has no concern with the alleged motorcycle or with co-accused persons. It is further submitted that petitioner was arrested by the police in connection with Riga P.S. Case No. 351 of 2022, registered for the offences under Sections 413 and 414 of the Indian Penal Code in which the petitioner is on bail by the learned court below itself vide order dated 14.10.2022 passed by the learned Additional Sessions Judge IX, Sitamarhi and from the said case, the petitioner was remanded in the present case. Moreover, the petitioner is languishing in judicial custody since 18.08.2022.

Learned APP appearing for the State has

Patna High Court CR. MISC. No.4082 of 2023(2) dt.05-04-2023 3/3 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 Riga P.S. Case No. 339 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate VI, Sitamarhi.

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