Patna High CourtCR. MISC./31060/2024bail granted

Nitesh Das v. The State Of Bihar

2024-04-30Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31060 of 2024 Arising Out of PS. Case No.-290 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Nitesh Das S/o Ambika Das R/o vill - Basatpur, Baratola, P.O. - Rupdih, P.S. - Motihari Muffasil, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar, Adv.

For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-04-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Muffasil Motihari P.S. Case No. 290 of 2022 dated 24.04.2022 registered for the offence/s punishable u/ss 457 and 380 of the Indian Penal Code.

3. As per the prosecution case, at about 2 AM while the informant's sister and brother were at home, in the meantime, the petitioner and the co-accused person entered the informant's house and stole Rs. 40,000/-, gold and silver worth Rs. 3,50,000/- and mobile worth Rs. 15,000/-. When informant's sister woke up then she saw the petitioner and the co-accused person fleeing away with the stolen articles.

Patna High Court CR. MISC. No.31060 of 2024(2) dt.30-04-2024 2/2

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is a delay of two days in lodging the FIR. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has two other antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 02.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran at Motihari in connection with Muffasil Motihari P.S. Case No. 290 of 2022.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T