Sajan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62767 of 2021 Arising Out of PS. Case No.-180 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== SAJAN RAI Son of Lakhindra Ray Resident of village - Madhopur Hazari, P.S. - Sahebganj, District - Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yugal Kishore, Adv.

For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 379 of the Indian Penal Code.

As per the prosecution case, the motorcycle of the informant, which was parked outside the shop, was stolen when he had gone to purchase the article.

It is submitted by learned counsel for the petitioner that the F.I.R. was registered against unknown. Referring to the order of the learned trial court, it is submitted that the name of the petitioner transpired in the confessional statement of a coaccused made before police. From the order itself, it would be evident that the stolen motorcycle has not been recovered from the petitioner's possession who is in custody since 2.2.2021 and

Patna High Court CR. MISC. No.62767 of 2021(2) dt.13-04-2022 2/2 chargesheet has been submitted in the case. The petitioner has no criminal antecedent.

Having heard learned counsel for the parties and taking into consideration the facts of the case, no incriminating article having been recovered from the petitioner's possession and the petitioner having remained in custody for more than 1 year, the Court directs the petitioner to be enlarged on bail in connection with Sahebganj P.S. Case no.180 of 2020 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 Additional Chief Judicial Magistrate 1st, West, Muzaffarpur. (Partha Sarthy, J) Saurabh/- U T