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Patna High CourtCR. MISC./19873/2021allowed

Subhash Kumar @ S.K.Y v. The State Of Bihar

2021-10-25Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19873 of 2021 Arising Out of PS. Case No.-51 Year-2018 Thana- KHUDAGANJ District- Nalanda ====================================================== SUBHASH KUMAR @ S.K.Y S/o Manoj Kumar Resident of Village- Raman Bigha, P.s.- Khizersarai, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-10-2021 Heard the parties.

The petitioner seeks bail in connection with Khudaganj P.S. Case No.51 of 2018, registered for the offence punishable under Sections 379/34, 395, 412, 413 of the Indian Penal Code. The prosecution case in short is that the Bolero Pick Up vehicle of the petitioner loaded with detergent has been stolen away from Kewali More.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No offence as alleged has ever taken place. He is not named in the FIR nor apprehended on the spot. He has been falsely implicated in this case. The name of petitioner transpired in this case on the basis of confessional statement of co-accused. No incriminating article has been

Patna High Court CR. MISC. No.19873 of 2021(3) dt.25-10-2021 2/2 recovered from the conscious physical possession of the petitioner. The petitioner has two criminal antecedent and has been languishing in custody since 10.12.2020. Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of this case and the custody of more than ten months, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Hilsa (Nalanda)/successor court, in connection with Khudaganj P.S. Case No.51 of 2018.

(Anjani Kumar Sharan, J) pallavi/- U T