Patna High CourtCR. MISC./50633/2023allowed

Niranjan Roy @ Niranjan Ray v. The State Of Bihar

2023-09-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50633 of 2023 Arising Out of PS. Case No.-676 Year-2022 Thana- JAKKANPUR District- Patna ====================================================== NIRANJAN ROY @ NIRANJAN RAY SON OF CHANARIK ROY RESIDENT OF VILLAGE- KILA ROAD, AND PS- CHOWK, DISTPATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 379 of the Indian Penal Code.

3. As per prosecution case, some unknown persons have stolen the motorcycle of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of himself in other case and remanded in the present

Patna High Court CR. MISC. No.50633 of 2023(3) dt.11-09-2023 2/2 case. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. He further submitted that from the perusal of the impugned order, it would be evident that the petitioner has been arrested with stolen motorcycle while he was going to transport the wine but no seizure list has been prepared by the police. He is languishing in judicial custody since 10.05.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Court below in connection with Jakkanpur P.S. Case No. 676 of 2022.

(Sunil Kumar Panwar, J) arish/- U