Sushant Mourya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55921 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- PHULWARIA District- Begusarai ====================================================== SUSHANT MOURYA S/O Late Bhola Prasad R/O Village- Jaiprakash Nagar, I.T.I Bettiah, Ward No. 31, P.S- Muffasil, Distt.- West Champaran (Bettiah). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Digvijay Kumar Ojha For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail registered under sections 379, 411 of the Indian Penal Code.

Prosecution case relates to robbery of tractor along with tailor by unknown miscreants.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in F.I.R. rather his name came into light in this case on the basis of confessional statement of other co-accused person. Nothing looted article has been recovered from the conscious possession of the petitioner rather looted tractor has been recovered from

Patna High Court CR. MISC. No.55921 of 2023(5) dt.22-01-2024 2/2 the premises of Phulwariya Police Station and till date tailor has not been recovered. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 26.06.2023.

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

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail in connection with Phulwariya P.S. Case No 93 of 2023 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 Chief Judicial Magistrate, Begusarai. (Sunil Kumar Panwar, J) Manishkr/- U T