Khushi Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8037 of 2023 Arising Out of PS. Case No.-320 Year-2022 Thana- HARSIDHI District- East Champaran ====================================================== Khushi Chaudhary, aged about 24 years (M), Son of Raksha Sahani @ Rakha Sahni, Resident of Village - Kubra, P.S.- Harsidhi, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the State :

Ms.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Harsidhi P.S. Case No. 320 of 2022 registered for the offence punishable under Section 379 of the Indian Penal Code.

As per the prosecution case, the informant, on the basis of written application, alleged that the motorcycle was not found in the place where he has parked it and he was of the opinion that some unknown persons have stolen his motorcycle. Learned counsel for the petitioner submits that the petitioner has been implicated in this case merely on the basis of the suspicion. He was not named accused in the FIR nor he was arrested at the spot and nothing incriminating has been recovered from his possession. He has no criminal antecedent

Patna High Court CR. MISC. No.8037 of 2023(2) dt.03-05-2023 2/2 and is in jail custody since 19.11.2022. Chargesheet in this case has already been submitted. He has been implicated on the basis of confessional statement which has no evidentiary value. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran, Motihari in connection with Harsidhi P.S. Case No. 320 of 2022.

(Sunil Dutta Mishra, J) P. Kumar U T