Patna High CourtCR. MISC./43540/2023bail granted

Satendra Kumar @Budhan v. The State Of Bihar

2023-07-27Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43540 of 2023 Arising Out of PS. Case No.-344 Year-2023 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== SATENDRA KUMAR @BUDHAN S/O BAIJU SINGH R/O Village- Chari, P.S- Aurangabad Mufassil, Distt.- Aurangabad (Bihar). ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aman Vishal For the Opposite Party/s :

Mrs.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-07-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Aurangabad Town P.S. Case No. 344 of 2023 dated 16.5.2023 registered for the offence punishable u/s 457, 380 and 411 of the Indian Penal Code.

4. As per the prosecution case, some unknown miscreants committed theft of ornaments worth Rs. 2.5 lakhs and other articles and Rs. 3 lakhs in cash from the house of the

Patna High Court CR. MISC. No.43540 of 2023(2) dt.27-07-2023 2/3 informant.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR. His name has sprung up in the confessional statement of the co-accused person, Pankaj Kumar. No TIP has been conducted by the prosecution. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 23.5.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that there is recovery of fridge, tempo etc. from the possession of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad in connection with Aurangabad Town P.S. Case No. 344 of 2023.

Patna High Court CR. MISC. No.43540 of 2023(2) dt.27-07-2023 3/3

8. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T