Arun Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38068 of 2022 Arising Out of PS. Case No.-261 Year-2021 Thana- JADIA District- Supaul ====================================================== ARUN SHARMA son of Ram Kishun Sharma Resident of Village - Dumri, Ward No. 11, Police Station- Raghopur, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 461 and 379 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that on opening his shop he found robbery to have taken place. The goods were scattered and on verification he found 7 kgs of silver ornaments and 45 grams of gold ornaments missing.

It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. The name of the petitioner transpired in course of investigation in the confessional statement of co-accused Mohan Mandal. The said Mohan Mandal has himself been enlarged on bail vide order

Patna High Court CR. MISC. No.38068 of 2022(3) dt.20-01-2023 2/2 dated 22.9.2022 passed in Cr. Misc. no. 38349 of 2022. No incriminating article has been recovered from the petitioner's possession and the articles allegedly recovered are everyday articles which may be available in any home. Neither the petitioner nor the articles allegedly recovered have been put on T.I Parade. The petitioner is in custody since 15.1.2022 and charge sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation together with the petitioner not having been put on T.I. Parade inspite of being in custody since 15.1.2022, charge sheet having been submitted in the case and grant of bail to co-accused Mohan Mandal on whose confessional statement before the police the name of the petitioner transpired, the Court directs the petitioner to be enlarged on bail in connection with Jadia P.S. Case no. 261 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-V, Supaul. (Partha Sarthy, J) Prakash/- U