Sandeep Kumar @ Kariya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41795 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- SAHAR District- Bhojpur ====================================================== Sandeep Kumar @ Kariya S/O Pholu Singh @ Fullu Singh R/O VillageBarani, P.S- Charpokhari, Distt.- Bhojpur (Arrah). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 379 of the Indian Penal Code. As per prosecution case, on 06.02.2023 at about 5.00 P.M. the informant had parked his motorcycle before his house and on the next morning the informant had not found his motorcycle on that place, hence this F.I.R has been lodged by the informant against unknown.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to village politics. The petitioner is not named in the F.I.R. and his name has been transpired during investigation on the basis of confessional statement of co-

Patna High Court CR. MISC. No.41795 of 2023(2) dt.14-07-2023 2/2 accused Ritesh Ranjan which has got not evidentiary value in the eye of law. The alleged motorcycle was not recovered from the house of the petitioner rather the same was recovered from nearby house of the co-accused Ritesh Ranjan. It is also submitted that petitioner is languishing in judicial custody since 13.02.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Sahar P.S. Case No. 23 of 2023 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 I/c Judicial Magistrate 1st Class, Bhojpur at Ara.

(Sunil Kumar Panwar, J) lata/- U T