Arun Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29483 of 2024 Arising Out of PS. Case No.-291 Year-2023 Thana- RAGHOPUR District- Supaul ====================================================== Arun Sharma Son of Ram Kishun Sharma Resident of Village- Dumri, Ward No. 11, Police Station- Raghopur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun, Advocate For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Raghopur P.S. case No. 291 of 2023 instituted for the offences under Sections 457, 380 of the Indian Penal Code.

3. Prosecution case, in short, is that some unknown miscreants area alleged to have stolen silver ornaments, cash and artificial ornaments from the house of the informant.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.29483 of 2024(2) dt.20-04-2024 2/3 Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case during investigation only on the basis of suspicion and the alleged recovery of the ornaments was made from the house of the petitioner. He further submitted that the so-called recovery of the ornaments made from the house of the petitioner does not fully tally with the F.I.R. He further contended that the ornaments so recovered are usually available in each house, and in fact, no incriminating/looted article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the stolen articles. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.08.2023 and has six criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in

Patna High Court CR. MISC. No.29483 of 2024(2) dt.20-04-2024 3/3 connection with Raghopur P.S. case No. 291 of 2023. (Rudra Prakash Mishra, J) Alok Verma/- U T