Annu Kumar Das @ Niraj Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7916 of 2024 Arising Out of PS. Case No.-112 Year-2017 Thana- BASOPATTI District- Madhubani ====================================================== Annu Kumar Das @ Niraj Das S/O- Abdul Knhaiya Das @ Kanhaiya Das R/O- Village- Babu Pali, P.S.- Khajauli, Dist.- Madhubani. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Pandey For the Opposite Party/s :
Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2024 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 379 of the Indian Penal Code. Later, charge-sheet submitted u/s 395, 412 of the Indian penal Code.
As per allegation in the FIR, Informant was returning on his motorcycle, bearing Reg. No. J8-P8113, with one Vinay Sharma. Rs. 35,000/- cash, mobile phone and ATM cash are in dickey. In the way, he went to attend call of nature and when he returned,
Patna High Court CR. MISC. No.7916 of 2024(2) dt.20-02-2024 2/3 he found his motorcycle missing.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor anything incriminating has been recovered from his conscious possession. His name sprang up in this case on the basis of confessional statement of co-accused Ranjan Kumar Yadav, before the police, which got no evidentiary value in the eye of law. Moreover, the petitioner is languishing in judicial custody since 05.09.2023. Similarly situated co-accused, namely, Amit Kumar Raut @ Amit Kumar Chaurasiya has been granted bail vide order dated 02.11.2020, passed in Cr. Misc. No. 26487 of 2020 by the coordinate Bench of this Court. 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
Patna High Court CR. MISC. No.7916 of 2024(2) dt.20-02-2024 3/3 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 Basopatti P.S. Case No. 112 of 2017 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 A.C.J.M. V, Madhubani. (Sunil Kumar Panwar, J) nirajkrs/- U T