Amar Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29476 of 2024 Arising Out of PS. Case No.-223 Year-2023 Thana- NATHNAGAR District- Bhagalpur ====================================================== AMAR KUMAR DAS SON OF SURESH DAS RESIDENT OF VILLAGE - NURPUR ANUSUCHIT JATI TOLA, POLICE STATION - MADHUSUDANPUR (NATH NAGAR), DISTRICT - BHAGALPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr.Jitendra Kumar 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 Nath Nagar (Madhusudanpur) P.S. case No. 223 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 are alleged to have committed theft of a motorcycle, two T.V., one tab, one mobile, one laptop and other silver 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. 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

Patna High Court CR. MISC. No.29476 of 2024(2) dt.20-04-2024 2/3 suspicion. He further submitted that during course of investigation, the police has recovered the stolen motorcycle from the house of the petitioner, however, in fact, the alleged motorcycle has been recovered near the house of the petitioner. No incriminating/looted article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that there is no eye-witness to the occurrence and no any independent witnesses have supported the prosecution case. Charge-sheet has been submitted in this case. Learned counsel further submitted that petitioner has got no concern with the stolen articles or vehicles. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.12.2023 and has one criminal antecedent.

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, charge-sheet already being submitted 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 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.29476 of 2024(2) dt.20-04-2024 3/3 below/concerned Court in connection with Nath Nagar (Madhusudanpur) P.S. case No. 223 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T