Birbahadur Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53728 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- MANJHAGARH District- Gopalganj ====================================================== BIRBAHADUR SINGH S/O AVADHESH SINGH SINGH RESIDENT OF VILLAGE NARHARPUR PS LAKDINABIGANJ, DIST- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 394 of the Indian Penal Code.

3. As per prosecution case, some unknown miscreants came on Innova Vehicle and have overtaken the informant' Car and they dragged the informant from his car and fled away with Car. It is further alleged by the informant that there was a mobile and a laptop in the Car.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name

Patna High Court CR. MISC. No.53728 of 2023(2) dt.25-08-2023 2/2 of the petitioner has come into light, on the basis of confessional statement of co-accused Chhotu Manjhi, which has got no evidentiary value in the eyes of law. On the basis of suspicion and due to his criminal antecedents, he has been implicated in the present case. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He is languishing in judicial custody since 11.05.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Court below in connection with Manjhagarh P.S. Case No. 23 of 2023.

(Sunil Kumar Panwar, J) arish/- U