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Patna High CourtCR. MISC./49274/2022allowed

Prahlad Kumar Jha v. The State Of Bihar

2023-02-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49274 of 2022 Arising Out of PS. Case No.-357 Year-2021 Thana- RAJNAGAR District- Madhubani ====================================================== Prahlad Kumar Jha S/O Late Amar Kant Jha R/O Village- Mangrauni, P.S.- Rajnagar, 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.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

The prosecution case as per F.I.R is that the motorcycle of the informant was snatched by two unknown miscreants. The said motorcycle was in the name of his brother.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not

Patna High Court CR. MISC. No.49274 of 2022(3) dt.17-02-2023 2/2 apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R and his name sprang up on the confessional statement of co-accused Surendra Sah. The petitioner is languishing in custody since 18.01.2022.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Madhubani in connection with Rajnagar P.S. Case No. 357 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T