Om Kumar Das @ Omkar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16546 of 2023 Arising Out of PS. Case No.-238 Year-2020 Thana- SHAHKUND District- Bhagalpur ====================================================== Om Kumar Das @ Omkar Kumar Son of Sri Mundra Das, Resident of Village - Maheshpur, Aliganj, Harijan Tola, P.S.- Babarganj, District - Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ambrish Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Dinesh Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-05-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Shahkund (Sajour) P.S. Case No. 238 of 2020 (G.R. No. 3878 of 2020) dated 06.10.2020, lodged under Sections 461 & 379 of the Indian Penal Code.

As per prosecution case, the present case has been lodged relating to theft by breaking iron lock against unknown accused persons.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. rather his name has been figured in this case by virtue of confessional statement of co-

Patna High Court CR. MISC. No.16546 of 2023(2) dt.10-05-2023 2/2 accused. He further submits that nothing was recovered from the possession of petitioner. Learned counsel for the petitioner further submits that antecedent of petitioner is clean and he is in custody since 15.11.2022.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above and considering the fact that the offences are magisterial triable in nature, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhagalpur in connection with Shahkund (Sajour) P.S. Case No. 238 of 2020 (G.R. No. 3878 of 2020), subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T