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Patna High CourtCR. MISC./49728/2022allowed

Subodh Kumar @ Kaliya v. The State Of Bihar

2023-01-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49728 of 2022 Arising Out of PS. Case No.-271 Year-2021 Thana- RAMPUR District- Gaya ====================================================== Subodh Kumar @ Kaliya Son Of Shankar Yadav Resident Of Village - Chiraiyantad, P.S.- Rampur, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ujjawal Kumar Singh For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Rampur P.S. Case No. 271 of 2021 registered under sections 457, 380 and 411 of the Indian Penal Code.

Prosecution case relates to theft of gold chain and some cash from the house of informant by the petitioner. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. There is animus relation between informant and petitioner as a result of which he has falsely been implicated in this present case. It is further submitted that petitioner was apprehended on spot but the stolen golden chain which was stated to be stolen was not

Patna High Court CR. MISC. No.49728 of 2022(3) dt.19-01-2023 2/2 recovered from the conscious possession of the petitioner rather only two notes of five hundred denomination was recovered from the possession of the petitioner except that nothing incriminating has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 27.08.2021.

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

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Rampur P.S. Case No. 271 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya.

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