Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36820 of 2023 Arising Out of PS. Case No.-815 Year-2022 Thana- BIHAR District- Nalanda ====================================================== RAUSHAN KUMAR S/O LATE DAYANAND PANDEY R/O Vill. Keshopur, PS. Telahara, Dist. Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 379 of the Indian Penal Code.

As per prosecution case, some unknown thieves have stolen the truck of the informant, Bearing No. BR21GA-2599, which was parked in front of his house.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Nitish Kumar and Pintu Kumar, which

Patna High Court CR. MISC. No.36820 of 2023(2) dt.04-07-2023 2/2 have got no evidentiary value in the eyes of law. Nothing incriminating/looted article has been recovered from the possession of the petitioner. No T.I. Parade has been done. Due to high handedness of police, petitioner has implicated in the present case. He is languishing in judicial custody since 21.12.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Biharsharif, Nalanda in connection with Bihar P.S. Case No. 815 of 2022. (Sunil Kumar Panwar, J) arish/- U T