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Patna High CourtCR. MISC./6746/2023allowed

Shalil Raj @ Shahil Raj v. The State Of Bihar

2023-05-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6746 of 2023 Arising Out of PS. Case No.-742 Year-2022 Thana- KHAJANCHI HAT District- Purnia ====================================================== SHALIL RAJ @ SHAHIL RAJ Son of Niranjan Yadav R/V- Basha, Ward no. 11, P.S- K. Nagar, Dist- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan For the Opposite Party/s :

Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 379, 356, 411, 413, 414 of the Indian Penal Code.

As per prosecution case, the informant alleged that while he was going towards Purnea bus stand, meanwhile, two miscreants on a motorcycle bearing Reg. no. BR11AQ-2730 came near him and snatched his mobile phone and fled away. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather rather he has falsely been implicated in this case due to ownership of the aforesaid motorcycle which has been taken away by one Suraj Kumar and

Patna High Court CR. MISC. No.6746 of 2023(2) dt.03-05-2023 2/2 subsequently, on disclosure of the petitioner after his arrest, the said mobile has been recovered from possession of Suraj Kumar. The petitioner has no concern with the alleged occurrence. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 2.8.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with K. Hat P.S. Case No. 742 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea.

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