Suraj Kumar @ Suraj Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43665 of 2023 Arising Out of PS. Case No.-691 Year-2021 Thana- BAGHA District- West Champaran ====================================================== Suraj Kumar @ Suraj Sharma S/O Jagdish Sharma R/O Village- Gudari Bazar, Ward No. 23, Ps. Bagaha, Dist. West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 379, 411, 413, and 414 of the Indian Penal Code.

As per prosecution case, the allegation against unknown miscreants is that they took away the informant's Bolero Jeep bearing Reg. No. BR-32E-9926, which was parked near his house.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.43665 of 2023(2) dt.21-07-2023 2/3 falsely been implicated in this case merely on the basis of suspicion. The petitioner has no concern with the alleged occurrence and the vehicle in question recovered by police officials while the petitioner was going to Gorakhpur with co-accused and the petitioner had only taken lift from coaccused without knowing the fact that the vehicle is stolen one. Similarly situated co-accuse has already been granted bail by a coordinate Bench of this Court vide order dated 23.03.2023 passed in Cr. Misc. No. 67715 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 02.12.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bagaha (Pathkhauli) P.S. Case No. 691 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-

Patna High Court CR. MISC. No.43665 of 2023(2) dt.21-07-2023 3/3 Divisional Judicial Magistrate, Bagaha, West Champaran. (Sunil Kumar Panwar, J) Manishkumar/- U T