Saroj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53445 of 2024 Arising Out of PS. Case No.-31 Year-2024 Thana- BENIPATTI District- Madhubani ====================================================== Saroj Kumar, S/o- Jaykishor Ray @ Rajkishore Rai, R/O Village- Bharvari Chandauli, P.S- Belsand, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Benipatti P.S. Case No. 31 of 2024 dated 15.02.2024 registered for the offence punishable under Section 392 of the Indian Penal Code.

3. Mr. Manoj Kumar, learned counsel for the petitioner submits that the petitioner was informant and he never misappropriated the alleged amount, Tab, mobile phone, etc. and he had handed over these articles to his cousin brother Suraj Kumar and thereafter, on misunderstanding he himself filed the FIR and later on, the alleged articles were recovered from the house of his cousin brother and simply on the basis of recovery as well as call details report, he has been made accused in this

Patna High Court CR. MISC. No.53445 of 2024(2) dt.08-08-2024 2/2 case, and he has been punished sufficiently for the alleged wrong. Learned counsel further submits that the petitioner has been languishing in jail since 16.02.2024 and has fair and clean antecedent and has been chargesheeted for the offences under Sections 406, 409, 420 and 120B of IPC which are triable by the First Class Judicial Magistrate.

4. Dr. Ajeet Kumar, learned APP appearing for the State has opposed the bail prayer.

5. Heard both the sides and perused the FIR as well as the seizure list. Though, there is serious allegation against this petitioner but considering his fair and clean antecedent and completion of the investigation against him coupled with his custody period, this Court is inclined to release him on bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Benipatti P.S. Case No. 31 of 2024.

(Shailendra Singh, J) annu/- U T