Harendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44318 of 2023 Arising Out of PS. Case No.-330 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== HARENDRA SAH SON OF LATE LAKHAN SAH RESIDENT OF VILLAGE DHANKHARAIYA WARD NO. 2, PS- HARSIDHI, DISTRICTEAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 379, 411 of the Indian Penal Code.

3. As per allegation in the FIR, the co-accused Dhruv Sahani has stolen articles from old Block office after breaking door of the office and sold it at the shop of the petitioner (Harendra Sah). Thereafter, informant reached at the scarp shop of the petitioner and recovered stolen documents and handed over him to police.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.44318 of 2023(2) dt.28-07-2023 2/2 committed no offence. From the perusal of the FIR, it appears that nothing was stolen by the petitioner. Informant himself alleged that co-accused Dhruv Sahani has stolen articles from old Block office and sold it to the scrap shop of the petitioner. The petitioner runs a scrap shop, he had no knowledge about the nature of the articles. There is no specific overt act against the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 22.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering 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 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Harsidhi P.S. Case No. 330 of 2023.

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