Rajesh Beshra @ Rajesh Besra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49572 of 2022 Arising Out of PS. Case No.-75 Year-2022 Thana- CHAKAI District- Jamui ====================================================== RAJESH BESHRA @ RAJESH BESRA Son of Dubay Vesara Resident of Village chittordih, P.S. Chakai, District - Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha For the Opposite Party/s :

Mr. Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-02-2023 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 Sections 379, 461 of the Indian Penal Code.

As per prosecution, the date and time of occurrence is 01.04.2022 in the night some unknown thief after breaking the ventilator entered into Grahak Seva Kendra and stolen Tab of Samsung Company, bearing IMEI No. 355002794467651 bearing SIM No. 9973039137 and cash of Rs. 14,000/-. During investigation, on confessional statement, name of the petitioner came into light.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. Nothing has

Patna High Court CR. MISC. No.49572 of 2022(2) dt.14-02-2023 2/2 been recovered from the conscious possession of the petitioner. Petitioner has not been arrested on the spot. No seizure list available. There is no local witness, which is violation of Section 100 of the CPC. Stolen articles were recovered from another co-accused person who is getting the privilege of regular bail vide order dated 20.10.2022 in Cr. Misc. No. 43019 of 2019. Petitioner is in custody since 12.06.2022. 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 Chakai P.S. Case No. 75/2022, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Jamui or his successor.

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