Ram Dayal Das @ Saka v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47895 of 2022 Arising Out of PS. Case No.-425 Year-2020 Thana- JAYNAGAR District- Madhubani ====================================================== RAM DAYAL DAS @ SAKA Son of Ram Hriday Das Resident of Village - Akaunha, P.S.- Deowdha, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 379 of Indian Penal Code.

The prosecution case relates to theft of Apache motorcycle which was parked by the informant at Jaynagar Kishan Bhawan.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The said motorcycle has been recovered from the possession of co-accused namely Sanjay Kumar Yadav who disclosed the name of petitioner in his confessional statement. There is involvement of the petitioner in the present case rather he has

Patna High Court CR. MISC. No.47895 of 2022(2) dt.20-01-2023 2/2 falsely been made accused. Neither the petitioner is named in FIR nor he was arrested on spot. Seizure list also shows recovery has been done from co-accused persons. It is further submitted that the petitioner is languishing in judicial custody since 24.5.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jaynagar P.S. Case No. 425 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., Madhubani. (Sunil Kumar Panwar, J) amandeep/- U T