Patna High CourtCR. MISC./56052/2022allowed

Sheo Shankar Bhagat v. The State Of Bihar

2023-01-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56052 of 2022 Arising Out of PS. Case No.-163 Year-2022 Thana- TILAUTHU District- Rohtas ====================================================== SHEO SHANKAR BHAGAT Son of Late Bangali Bhagat R/V- Sewahi, P.STilauthu, Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhaneshwar Prasad Gupta For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 414 of the Indian Penal Code.

Prosecution case relates to recovery of stolen blue Apache motorcycle bearing Registration No. BR23S-5184 as alleged from the possession of petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion. It is further submitted that no any FIR or complaint has been lodged in respect of theft of motorcycle in question which was allegedly recovered from possession of this petitioner. The

Patna High Court CR. MISC. No.56052 of 2022(2) dt.17-01-2023 2/2 motorcycle in question has been taken by the petitioner from his own friend Sahnawaj Anshari on the alleged time of occurrence. Nothing incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 2.7.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Tilauthu P.S. Case No. 163 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dehri-in-sone, Rohtas.

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