Bakhora Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32213 of 2023 Arising Out of PS. Case No.-37 Year-2022 Thana- DEOKUND District- Aurangabad ====================================================== BAKHORA SAH S/O FEKAN SAH R/O Village- Salempur, P.S- Haspura, Distt.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 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 379 of the Indian Penal Code.

According to the FIR, prosecution case relates to theft of informant's motorcycle bearing registration no. BR02AS5241 by the petitioner which was parked in front of his egg shop.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted vide para 13, 14, 15 of the petition that the informant and the petitioner were known to each other and about six months ago,

Patna High Court CR. MISC. No.32213 of 2023(2) dt.24-06-2023 2/2 the informant had taken Rs. 20 thousand from the petitioner. When the money was demanded, the informant did not return the same. Thereafter, the petitioner made pressure upon the informant for money, after which this false case has been lodged. It is further submitted that the petitioner is languishing in judicial custody since 5.12.2022.

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 Deokund P.S. Case No. 37 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 S.D.J.M. Daudnagar, Aurangabad.

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