Rajesh Kumar Sharma @ Rajesh Kr. Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49757 of 2023 Arising Out of PS. Case No.-167 Year-2020 Thana- SIMRI District- Darbhanga ====================================================== RAJESH KUMAR SHARMA @ RAJESH KR. SHARMA Son of Sitaram Sharma Resident of village - Panpur Langa, P.S. - Hajipur Sadar, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 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 section 392 of the Indian Penal Code.

3. As per prosecution case, the informant alleged that some miscreants looted away his pick up vehicle bearing Registration no. BR06GC-8545 while the vehicle was being driven by one Manoj Kumar. The said vehicle was loaded with buffaloes.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been

Patna High Court CR. MISC. No.49757 of 2023(2) dt.11-08-2023 2/2 implicated in this case. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. The name of the petitioner has been transpired in this case on the basis of confession made by coaccused namely, Naresh Sharma from whose possession, the said vehicle was recovered. It is further submitted that the petitioner is languishing in judicial custody since 12.4.2023.

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 Simri P.S. Case No. 167 of 2020 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., Darbhanga.

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