Kishor Kumar Sardar @ Kishor Sardar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49560 of 2021 Arising Out of PS. Case No.-46 Year-2020 Thana- CHHATAPUR District- Supaul ====================================================== KISHOR KUMAR SARDAR @ KISHOR SARDAR Son of Nandlal Sardar Resident of Village- Kainjara (Ward No.12), P.S.- Chhatapur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 392 of the Indian Penal Code.

As per the prosecution case, two accused persons forcibly took away the motorcycle of the informant. The informant states that amongst the accused, he identified one Gajendra Sardar.

It is submitted by learned counsel for the petitioner that the petitioner is not named in the F.I.R. As per the prosecution case, the motorcycle of the informant was recovered from a place near the house of the petitioner and the petitioner was falsely implicated in a case being Chhatapur P.S. Case no.47 of 2020 in which the petitioner has been enlarged on bail.

Patna High Court CR. MISC. No.49560 of 2021(3) dt.29-03-2022 2/2 It is as a result of false implication in the said case, that the petitioner has been remanded in the instant case on 14.3.2021. Inspite of being in custody for more than 1 year and chargesheet having been submitted in the case, the petitioner has not been put on T.I. parade.

The application for bail is opposed by learned A.P.P. for the State who submits that the above motorcycle was recovered from the house of the petitioner.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner specially the petitioner having remained in custody for 1 year and chargesheet having been submitted in the case without putting the petitioner on T.I. parade, the Court directs the petitioner to be enlarged on bail in connection with Chhatapur P.S. Case no.46 of 2020 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 Additional Chief Judicial Magistrate 4th, Supaul.

(Partha Sarthy, J) Saurabh/- U T