Patna High CourtCR. MISC./59820/2023allowed

Rahul Pandey v. The State Of Bihar

2023-09-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59820 of 2023 Arising Out of PS. Case No.-80 Year-2022 Thana- KANHAULI District- Sitamarhi ====================================================== Rahul Pandey Son Of Mahendra Pandey Resident Of Village- Vishanpur Aadhar @ Bishanpur Aadhar, Ps- Kanhauli, Dist- Sitamarhi ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 413, 414, 34 of the Indian Penal Code.

3. As per prosecution case, the co-accused person was apprehended on the spot along with a stolen motorcycle who also confessed about the complicity of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused. The petitioner has no concern with the alleged recovery and no looted

Patna High Court CR. MISC. No.59820 of 2023(2) dt.08-09-2023 2/2 motorcycle was recovered from his possession rather it was recovered from co-accused who has also been granted bail by a coordinate Bench of this Court vide order dated 23.05.2023 passed in Cr. Misc. No. 23805 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 19.01.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kanhauli P.S. Case No. 80 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

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