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Patna High CourtCR. MISC./7200/2023allowed

Devcharan Kumar @ Devcharan Kumar Das v. The State Of Bihar

2023-04-12Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7200 of 2023 Arising Out of PS. Case No.-291 Year-2022 Thana- SUPAUL District- Supaul ====================================================== Devcharan Kumar @ Devcharan Kumar Das S/O Ramvilash Das R/O Village- Dharahara, Ward No. 1, P.S.- Falkaha, Distt- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-04-2023 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 Section 394, 411 of the Indian Penal Code.

It is a case of loot of motorcycle, bearing Reg. No. BR-43L-0524, by bracketing the road.

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

Patna High Court CR. MISC. No.7200 of 2023(2) dt.12-04-2023 2/3 petitioner is named in F.I.R nor he has been put on T.I.P. Nothing incriminating has been recovered from his conscious possession. The name of petitioner sprang up in this case on the basis of confessional statement of coaccused Sunil Kumar Das and Subodh Yadav. The petitioner was arrested in Raghopur P.S. Case No. 194 of 2022 and from that case he has been remanded in the present case. Moreover, the petitioner is languishing in judicial custody since 10.05.2022.

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 Supaul P.S. Case No. 291 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.7200 of 2023(2) dt.12-04-2023 3/3 to the satisfaction of the learned C.J.M., Supaul. (Sunil Kumar Panwar, J) nirajkrs/- U T