Himanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17503 of 2023 Arising Out of PS. Case No.-342 Year-2022 Thana- MAJORGANJ District- Sitamarhi ====================================================== Himanshu Kumar Son Of Anil Jha Resident Of Village - Sigrahiya, P.S. - Sahiyara, Distt. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Jha For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 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 392 of the Indian Penal Code.

As per prosecution case, while the informant was returning from ICICI bank by his motorcycle meanwhile, three unknown miscreants intercepted him and snatched his motorcycle along with his mobile.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in this case on the basis of suspicion. The petitioner was arrested in Majorganj P.S. case no. 357 of 2022 in which his statement was recovered and on the basis of same, he was made

Patna High Court CR. MISC. No.17503 of 2023(2) dt.12-05-2023 2/2 accused in the present case. It is further submitted vide para 9 of the petition that from Annexure-2, there is no seizure of motorcycle as has been alleged in Majorganj P.S. case No. 357 through one motorcycle has been shown in the contents of the FIR but that was without Reg. Number and it was found in banswari. It is further submitted that the petitioner has not been put on T.I. Parade till date. Moreover, he is languishing in judicial custody since 17.12.2022.

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 custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Majorganj P.S. Case No. 342 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 Addl. Sessions Judge IV, Sitamarhi.

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