Patna High CourtCR. MISC./7667/2024allowed

Suraj Kumar Yadav v. The State Of Bihar

2024-02-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7667 of 2024 Arising Out of PS. Case No.-403 Year-2021 Thana- KATIHAR NAGAR District- Katihar ====================================================== Suraj Kumar Yadav S/O- Late Chandrashekhar Yadav @ Changal Yadav R/ONaya Tola Ward No.- 35, P.S.- Nagar, Dist.- Katihar. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr.Arvind Kumar Pandey (App 84) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 457 and 380 of the Indian Penal Code.

3. As per prosecution case, the petitioner along with other co-accused persons theft the bag containing Rs. 1,50,000/- and mobile of the informant, which was kept in the room.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. From the bare perusal of the prosecution case as well as the evidential material available on record, it appears that there is no specific allegation against the petitioner to theft the mobile and bag from the room of the informant. He

Patna High Court CR. MISC. No.7667 of 2024(2) dt.20-02-2024 2/2 further submitted that no legal evidence has come forward against the petitioner, save and except the suspicion raised by the informant in the present case. He is languishing in judicial custody since 26.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Katihar Nagar P.S. Case No. 403 of 2021.

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