Lovely Sharma @ Lavli Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31660 of 2023 Arising Out of PS. Case No.-379 Year-2022 Thana- NATHNAGAR District- Bhagalpur ====================================================== LOVELY SHARMA @ LAVLI SHARMA SON OF BINOD SHARMA @ BINOD MISTRY @ BINOD MISTRI @ BINDESHWARI SHARMA Resident of Village- Tilakpur Durgasthan, Police Station- Sultanganj,DistrictBhagalpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Balram Kapri For the Opposite Party/s :
Mr.Anita Kumari ====================================================== 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 sections 395 of the Indian Penal Code.
As per FIR, the informant alleged that 10-12 unknown miscreants snatched his vehicle bearing Reg. No. BR10GA7484 loaded with DJ. They also snatched 6000/- rupees and other articles and fled away.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused namely, Rishiraj Sharma
Patna High Court CR. MISC. No.31660 of 2023(2) dt.24-06-2023 2/2 in another case. Neither the petitioner is named in the FIR nor he was put on TIP. It is further submitted that the alleged looted articles were recovered from road in front the rented room of the petitioner nor from his conscious possession. Moreover, similarly situated co-accused namely, Sawan Kumar has already been granted bail by this court vide order dated 22.5.2023 passed in Cr. Misc. No. 24636 of 2023. The petitioner is languishing in judicial custody since 22.09.2022. 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 Nath Nagar Madhusudanpur P.S. Case No. 379 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 C.J.M., Bhagalpur. (Sunil Kumar Panwar, J) Amandeep/- U T