Chhotu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51317 of 2023 Arising Out of PS. Case No.-48 Year-2023 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Chhotu Sharma Son Of Late Arjun Sharma Resident Of VillageMohmmadabad, Ps- Mojahidpur, Distt- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 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 sections 394 of the Indian Penal Code.

As per allegation in the FIR, three unknown miscreants entered into the house of the informant and looted gold ornaments, cash Rs. 1,75,000/- and mobile. It is further alleged that stolen money has been recovered from the house of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He is not named in the FIR rather his name transpired in this case merely on the basis of confessional statement of co-accused Ranjeet

Patna High Court CR. MISC. No.51317 of 2023(2) dt.25-08-2023 2/2 Sharma, which has no evidentiary value in the eye of law. The petitioner was put on TIP but he has not been identified by the informant. So far as, recovery of money from the house of the petitioner is concerned, the same belongs to the petitioner which he had kept for repairing of his house. Similarly situated coaccused has already been granted bail by this Court vide order dated 11.08.2023 passed in Cr. Misc. No. 50434 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 27.3.2023.

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 Judicial Magistrate 1st Class, Bhagalpur in connection with Industrial Area PS Case No. 48 of 2023.

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