Mukesh Sah @ Bakhtawar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43700 of 2023 Arising Out of PS. Case No.-559 Year-2022 Thana- BHAGWAN BAZAR District- Saran ====================================================== Mukesh Sah @ Bakhtawar S/O Late Shankar Sah R/O Vill. Gudari Bazar, Ps. Bhagwan Bazar, Dist. Saran At Chapra ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Smita Kumari For the Opposite Party/s :
Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 457 and 380 of the Indian Penal Code.
3. Prosecution case in short is that, from the house of the informant, there has been theft of about Rs. 1 lakh, gold chain, two rings along with some house hold articles when he went to attend marriage function.
4. 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 suspicion. The petitioner is not named in FIR rather his name came into light in this case on the basis of his self confessional statement in
Patna High Court CR. MISC. No.43700 of 2023(3) dt.09-10-2023 2/2 Bhagwan Bazar P.S. Case No. 226 of 2022. Nothing has been recovered from his conscious possession in respect of this case and also he has not been put on TIP as yet. Moreover, he is languishing in judicial custody since 30.12.2022.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. 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 Bhagwan Bazar P.S. Case No. 559 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 A.C.J.M.-1st, Saran at Chapra. (Sunil Kumar Panwar, J) shubham/- U T