Manish Kumar @ Manish Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5460 of 2023 Arising Out of PS. Case No.-289 Year-2022 Thana- UJIYARPUR District- Samastipur ====================================================== Manish Kumar @ Manish Kumar Sah Son Of Rakesh Sah Resident Of Village- Belari, P.S.- Ujiyarpur, District- Samastipur, Bihar ... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 11496 of 2023 Arising Out of PS. Case No.-289 Year-2022 Thana- UJIYARPUR District- Samastipur ====================================================== Pramod Sah S/O Nakchhedi Sah @ Nakchedi Sah Resident Of VillageBelari, P.S.- Ujiarpur, District- Samastipur. ... ... Petitioner/S

Versus

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

(In CRIMINAL MISCELLANEOUS No. 5460 of 2023) For the Petitioner/s :

Mr.Pintu Kumar Patel For the Opposite Party/s :

Mr.Jharkhandi Upadhyay (In CRIMINAL MISCELLANEOUS No. 11496 of 2023) For the Petitioner/s :

Mr.Lakshmindra Kumar Yadav For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 457, 380 of the

Patna High Court CR. MISC. No.5460 of 2023(2) dt.07-04-2023 2/3 Indian Penal Code.

The prosecution case in nutshell is that when the informant returned to his house from Muzaffarpur, he found that unknown miscreants have broken into his house. It is further alleged that he found the lock of main gate of his house broken and ornaments of gold and silver, worth Rs. 10,00,000/-(ten lakhs rupees), were stolen after breaking the shutter of Almirah kept in his house.

It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case. Neither the petitioners are named in F.I.R nor anything incriminating has been recovered from their conscious possession. The name of petitioners sprang up in this case on the confessional statement of co-accused persons. Moreover, the petitioners are languishing in judicial custody for more than four months.

Patna High Court CR. MISC. No.5460 of 2023(2) dt.07-04-2023 3/3 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 petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Ujjiyarpur P.S. Case No. 289 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Dalsinghsarai.

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