Motilal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12687 of 2023 Arising Out of PS. Case No.-149 Year-2022 Thana- AKHODHIGOLA District- Rohtas ====================================================== MOTILAL SINGH Son of Late Parikha Singh Resident of Village- Bhaisahin Kala, P.S.- Sasaram (Mufassil), District- Sasaram (Rohtas) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Murad Ashraf For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 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 395 of the Indian Penal Code.

The prosecution case in nutshell is that 8-10 miscreants confined the workers of the informant and took away three tractors with Dalla, stone paper of Iron about 120 pieces, 4-5 Gas cylinders and other materials from the construction site.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.12687 of 2023(2) dt.05-05-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor anything incriminating has been recovered from his possession. The name of the petitioner sprang up in this case on the confessional statement of co-accused Harendra Kumar. Moreover, the petitioner is languishing in judicial custody since 27.10.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused, namely, Pramod Kumar Pandey @ Pramod Pnadey has been granted bail vide order dated 10.04.2023, passed in Cr. Misc. No. 6144 of 2023 by this Court.

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.

Patna High Court CR. MISC. No.12687 of 2023(2) dt.05-05-2023 3/3 The above named petitioner is directed to be enlarged on bail in connection with Akodhigola P.S. Case No. 149 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas (Sasaram).

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