Sunil Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5402 of 2023 Arising Out of PS. Case No.-126 Year-2022 Thana- MALAYPUR District- Jamui ====================================================== Sunil Sharma Son Of Arjun Sharma R/V- Batpar, P.S.- Chakai, District- Jamui ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Umesh Prasad For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-04-2023 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 Sections 467, 468, 420, 414/34 of the Indian Penal Code.

The prosecution case in nutshell is that Truck bearing registration number UP-65-AT-9663 was thef from Dhanbad. The allegation against the petitioner and other co-accused persons is that they are indulged in changing the body of the aforesaid truck and they have already changed the number plate as BR-02GA-8595.

Patna High Court CR. MISC. No.5402 of 2023(2) dt.07-04-2023 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. There is no any independent witness of the alleged seizure. The place of recovery of petitioner does not belongs to petitioner. It is further submitted that petitioner is a poor labour. Moreover, the petitioner is languishing in judicial custody since 20.10.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has 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 Malaypur (Malyapur) P.S. Case No. 126 of 2022 on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.5402 of 2023(2) dt.07-04-2023 3/3 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui.

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