Patna High CourtCR. MISC./16320/2024allowed

Satish Kumar @ Santosh Kumar v. The State Of Bihar

2024-03-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16320 of 2024 Arising Out of PS. Case No.-539 Year-2023 Thana- GOPALPUR District- Patna ====================================================== Satish Kumar @ Santosh Kumar, S/o Naresh Sah, R/o Meena Bazar, P.SAlamganj, District- Patna. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Tilak Sao, Adv.

For the State :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 379 of the Indian Penal Code.

3. As per FIR, some unknown persons theft the motorcycle of the informant, which was parked near his house.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of Rohit Kumar, which has got no evidentiary value in the eyes of law. Nothing

Patna High Court CR. MISC. No.16320 of 2024(2) dt.14-03-2024 2/2 incriminating/looted articles have been recovered from the conscious possession of the petitioner and the same was recovered from a place, which does not belongs to the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 02.09.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering 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 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M.-1st Class,Patna in connection with Gopalpur P.S. Case No. 539 of 2023.

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