Suraj Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59543 of 2023 Arising Out of PS. Case No.-61 Year-2023 Thana- BIHIA District- Bhojpur ====================================================== SURAJ CHAUDHARY Son of Late Raj Kumar Choudhary R/o vill - Saraiya, P.s. - Shahpur, Distt. - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shiv Prasad Gupta For the Opposite Party/s :
Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 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 sections 395 of the Indian Penal Code.
As per prosecution case, the allegation against five unknown miscreants is that they after committing loot of the informant's tempo fled away.
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 the basis of his self confession which has not got evidentiary value in the eye of law. Neither the petitioner is named in the FIR
Patna High Court CR. MISC. No.59543 of 2023(2) dt.08-09-2023 2/2 nor he was put on TIP. It is further submitted that nothing looted article has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 29.04.2023.
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 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 Bihiyan 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 C.J.M., Bhojpur. (Sunil Kumar Panwar, J) subham/- U T