Satyadev Bind @ Prabhakar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59643 of 2023 Arising Out of PS. Case No.-29 Year-2022 Thana- GANDHIMAIDAN District- Patna ====================================================== Satyadev Bind @ Prabhakar Kumar Son Of Harelal Bind Resident Of Village - Bari Manjhgaw, Ps- Gangwa, Distt- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar Singh For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 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. As per prosecution case, the informant alleged that his motorcycle bearing Registration no. BR01DN-8951 was theft by unknown miscreant which was parked outside the Surya Apartment.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather his confessional statement was recorded in Jagdishpur P.S. Case No. 97 of 2022 and on the basis of which, he was remanded in this case. Neither the

Patna High Court CR. MISC. No.59643 of 2023(2) dt.08-09-2023 2/2 petitioner was put on TI parade nor stolen motorcycle has been recovered from his conscious possession. Similarly situated coaccused namely, Nandu Kumar has already been granted bail by a co-ordinate Bench of this Court vide order dt. 24.7.2023 passed in Cr. Misc. No. 43387 of 2021 and in support of this Annexure-2 has been annexed with this petition. Moreover, the petitioner is languishing in judicial custody since 2.5.2023.

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 Gandhi Maidan P.S. Case No. 29 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 S.D.J.M., Patna.

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