Manoj Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11203 of 2024 Arising Out of PS. Case No.-162 Year-2023 Thana- LAUKAHA District- Madhubani ====================================================== Manoj Sharma son of Suray Narayan Sharma Village- Dighiya Ps- Nirmali Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Bharti Mr. Nitu Kumari For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 395, 397 of the Indian Penal Code.

3. As per FIR, the allegation against 15-20 unknown miscreants is that they entered in the house of the informant and committed dacoity in his house and took away cash Rs. 30,000/-, ornament and other valuable documents.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.11203 of 2024(2) dt.22-02-2024 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis of confessional statement of co-accused, namely, Ashok Kumar Pandit which is not admissible in the eye of law. The petitioner is not named in the FIR and he has no concern with the alleged occurrence. Neither the petitioner was put on TIP nor any looted article has been recovered from his conscious possession. Similarly situated co-accused has already been granted bail by this Court vide order dated 20.02.2024 passed in Cr. Misc. No. 9379 of 2024. The petitioner is languishing in judicial custody since 19.08.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Laukaha P.S. Case No. 162 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jhanjharpur,

Patna High Court CR. MISC. No.11203 of 2024(2) dt.22-02-2024 3/3 District Madhubani.

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