Saroj Kumar @ Saroj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45086 of 2023 Arising Out of PS. Case No.-461 Year-2022 Thana- CHAPRA TOWN District- Saran ====================================================== SAROJ KUMAR @ SAROJ RAI Son of Buddhu Ray R/o Village - Barka Balua, P.S.- Doriganj, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Ranjan For the Opposite Party/s :

Mr.Anil Kumar ====================================================== 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 registered for the offence punishable under sections 413, 414 of the Indian Penal Code.

3. According to the FIR, prosecution case relates to recovery of some stolen parts of the motorcycles from shop of the petitioner who alleged to have fled away from place of occurrence when police party reached there. One co-accused arrested on spot who disclosed the name of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted vide para 6 of the petition that the petitioner runs a coal shop and the co-accused runs a motorcycle repairing shop

Patna High Court CR. MISC. No.45086 of 2023(2) dt.28-07-2023 2/2 at corner of this shop and daily several vehicles come for repairing but on the basis of suspicion this petitioner has falsely been made accused in the present case. The petitioner has not concern with the alleged stolen parts of motorcycles. Nothing incriminating article has been recovered from his conscious possession. He has got no criminal antecedent as stated in para3 of the bail petition. Moreover, the petitioner is languishing in judicial custody since 17.5.2023.

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

6. 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 Chhapra (T) P.S. Case No. 461 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran at Chhpara. (Sunil Kumar Panwar, J) Amandeep/- U T