Mukesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16684 of 2023 Arising Out of PS. Case No.-106 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== Mukesh Sah Son Of Shivshankar Sah R/O Village- Basantpur, P.S.- Sathi, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 379 of the Indian Penal Code.

As per prosecution case, informant alleged that on 16.02.2022, his Apache motorcycle which was parked near a clinic, was stolen by some unknown miscreants. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in the FIR but he was made accused in the case during course of investigation on the pretext that the said motorcycle

Patna High Court CR. MISC. No.16684 of 2023(2) dt.29-04-2023 2/2 along with illicit wine was recovered from the petitioner for which, Manpur P.S. Case No 29 of 2022 was registered. It is further submitted that the said motorcycle was alleged to be recovered in Manpur P.S. Case No. 29 of 2022, but it was not shown recovered from the petitioner's conscious possession. Moreover, the petitioner is languishing in judicial custody since 27.04.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bettiah Town(Kalibagh O.P.) P.S. Case No. 106 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist class, Bettiah, District West Champaran.

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