Patna High CourtCR. MISC./40110/2023bail granted

Roushan Kumar @ Roushan Kumar Sah v. The State Of Bihar

2023-07-17Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40110 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- PIRPAINTI District- Bhagalpur ====================================================== ROUSHAN KUMAR @ ROUSHAN KUMAR SAH Son Of- Arjun Sah @ Arjun Prasad Sah, Resident Of- Shermeri Bazar, P.S.- Pirpainti, DistrictBhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-07-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Pirpainti P.S. Case No. 23 of 2023, dated 20.01.2023 registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code.

3. The main submissions advanced by petitioner's counsel are that the petitioner has fair and clean antecedent, the alleged offences are triable by the Court of First Class Magistrate, the alleged theft articles have been recovered, so there is no question of further recovery and the petitioner has been languishing in jail since 22.01.2023 and the house from which the recovery was made is in joint possession of the family

Patna High Court CR. MISC. No.40110 of 2023(2) dt.17-07-2023 2/2 members of this petitioner who is a next door neighbor of the informant and in between them there was no good relation at the time of institution of the FIR.

4. Learned APP appearing for the State has opposed the prayer for bail but accepted that the theft articles have been recovered.

5. Heard both the sides and perused the FIR. Petitioner has fair and clean antecedent and the alleged offence is triable by the Court of First Class Magistrate and against the petitioner investigation has been completed, in my opinion, petitioner deserves to a lenient approach of this Court. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Pirpainti P.S. Case No. 23 of 2023.

(Shailendra Singh, J.) Maynaz/- U T