Sattan @ Sattan Sharma @ Sataya Narayan Sharma @ Satya Narayan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3857 of 2021 Arising Out of PS. Case No.-61 Year-2020 Thana- TARABARI District- Araria ====================================================== SATTAN @ SATTAN SHARMA @ SATAYA NARAYAN SHARMA @ SATYA NARAYAN Son of Late Mahadeo Sharma Resident of VillageKadchmoh, P.S.- Palasi, Distt- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Narayan Mahto, Advocate.

For the Opposite Party/s :

Mr. Arun Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-04-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Tarabari P.S. Case No. 61 of 2020 corresponding to G.R. No. 1503 of 2020 registered for the offence punishable under Sections 379, 413, 414 of the Indian Penal Code.

As per the prosecution case, the allegation against the petitioner is of theft of motorcycle in association with the other

Patna High Court CR. MISC. No.3857 of 2021(3) dt.09-04-2021 2/3 co-accused persons.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. No such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case by the villagers due to dirty village politics. He submits that it is clear from the FIR that 7 motorcycles have been recovered but no any persons who have purchased the motorcycle have given the fardbeyan, that is surprising matter. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent as has been mentioned in para 3 of the bail application and has been languishing in custody since 15.07.2020.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Tarabari P.S. Case No. 61 of 2020 corresponding to G.R. No.

Patna High Court CR. MISC. No.3857 of 2021(3) dt.09-04-2021 3/3 1503 of 2020.

(Anjani Kumar Sharan, J) GAURAV S./- U T