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Patna High CourtCR. MISC./48817/2023allowed

Bhola Singh @ Rahul Singh v. The State Of Bihar

2023-08-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48817 of 2023 Arising Out of PS. Case No.-59 Year-2023 Thana- SONEPUR District- Saran ====================================================== Bhola Singh @ Rahul Singh S/O Late Mohan Singh @ Late Vijay Kumar Singh R/O Village- Chiraiya Bazar, Ps. Sonepur, Dist. Saran ... ... Petitioner/s

Versus

The state of bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Rajesh Kumar Singh For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 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 392 of the Indian Penal Code.

As per allegation in the FIR, four unknown miscreants on pistol point snatched the Appache motorcycle near Govindchak Railway crossing while the informant was returning from the house of his sister.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Neither the petitioner is named in the FIR not put on TIP. There is no eye witness of the alleged occurrence. Name of the petitioner appeared in confessional statement of co-accused Rakesh

Patna High Court CR. MISC. No.48817 of 2023(2) dt.04-08-2023 2/2 Kumar, which has no evidentiary value in the eye of law. Nothing has been recovered from conscious possession of the petitioner. Petitioner is languishing in judicial custody since 25.02.2023.

The application for bail is opposed by learned APP for the State.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJM IV, Saran at Chapra in connection with Sonepur PS Case No. 59 of 2023.

(Sunil Kumar Panwar, J) sushma/- U