Patna High CourtCR. MISC./58263/2023allowed

Pappu Kumar v. The State Of Bihar

2023-09-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58263 of 2023 Arising Out of PS. Case No.-61 Year-2023 Thana- BIKRAM District- Patna ====================================================== Pappu Kumar Son Of Rajendra Rai Resident Of Village Khaspur Ps Maner District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Chandra For the Opposite Party/s :

Mrs.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 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 section 379 of the Indian Penal Code.

3. Prosecution case relates to theft of one motorcycle of the informant by the unknown miscreants.

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 suspicion. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of other coaccused person before the police which has got no evidentiary value in the eye of law. It is further submitted that neither

Patna High Court CR. MISC. No.58263 of 2023(2) dt.01-09-2023 2/2 anything looted article has been recovered from the possession of the petitioner nor he has been put on TIP as yet. It is also submitted that he was not apprehended on spot. Moreover, he is languishing in judicial custody since 18.05.2023.

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 Bikram P.S. Case No. 61 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VI, Danapur at Patna.

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