Binod Kumar @ Binod Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19304 of 2023 Arising Out of PS. Case No.-315 Year-2022 Thana- MANSI District- Khagaria ====================================================== Binod Kumar @ Binod Kumar Sah S/O Nathuni Sah R/O Village- Khutia, P.S.-MANSI, Distt.-KHAGARIA.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2023 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 Section 379 of the Indian Penal Code.

As per the allegation in the F.I.R., informant closed his cloth shop in the night and when he come to his shop next morning, he found that unknown thieves have committed theft in his shop after breaking the lock.

Patna High Court CR. MISC. No.19304 of 2023(2) dt.18-05-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his possession. The name of petitioner sprang up in this case on confessional statement of co-accused Binod Sahni. Moreover, the petitioner is languishing in judicial custody since 23.10.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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 Mansi P.S. Case No. 315 of 2022

Patna High Court CR. MISC. No.19304 of 2023(2) dt.18-05-2023 3/3 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 Chief Judicial Magistrate, Khagaria.

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