Dinesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16080 of 2023 Arising Out of PS. Case No.-803 Year-2022 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Dinesh Sah Son Of Ram Nath Sah Resident Of Village - Hasan Nagar, Ward No.- 04, P.S.- Ghorasahan, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 461, 379 of the Indian Penal Code.

The prosecution case as per F.I.R is that the shutter of the shop of the informant was broken and 20 pieces of smart phones, 30 pieces of button phone, Rs. 30,000/- cash, accessories and other articles were stolen away by unknown miscreants.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named

Patna High Court CR. MISC. No.16080 of 2023(2) dt.29-04-2023 2/2 in the F.I.R and his name subsequently sprang up on the confessional statement of co-accused Md. Shabir Dewan @ Shabir which has no evidentiary value in the eye of law. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is languishing in custody since 18.11.2022.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Motihari Town P.S. Case No. 803 of 2022.

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