Surendra Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18252 of 2023 Arising Out of PS. Case No.-26 Year-2017 Thana- ROHTAS District- Rohtas ====================================================== Surendra Pal S/O Bandhu Pal Resident of Village- Baghadabar, P.S.- Navinagar, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aman Vishal Mrs. Leelawati Kumari For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-07-2023 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 Sections 414, 120(B), 34 of the Indian Penal Code. As per prosecution case, it is a case of recovery goods loaded stolen Truck bearing registration no. CG-05-LE-4072. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. The petitioner was not apprehended on the spot. It is further submitted in para 9, 10, 11 and 13 of the petition that the petitioner is the driver of the seized Truck and due to which he has falsely been implicated in the present case. The said Truck was looted by four unknown miscreants for which the petitioner earlier lodged a case in Ranka P.S. Case No. 13 of 2017 on 29.01.2017. His name has

Patna High Court CR. MISC. No.18252 of 2023(3) dt.27-07-2023 2/2 been transpired in this case only on the basis of confessional statement of apprehended co-accused Anup Chaudhary. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Other co-accused namely Anup Chaudhary @ Jitendra has already been granted bail by a coordinate Bench of this Court vide order dated 04.07.2017 passed in Cr. Misc. No. 18429 of 2017. Moreover, the petitioner is languishing in judicial custody since 25.07.2022. 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. The above named petitioner is directed to be enlarged on bail in connection with Rohtas P.S. Case No. 26 of 2017 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 Judicial Magistrate 1st Class, Dehri-on-Sone, Rohtas at Sasaram.

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