Patna High CourtCR. MISC./61060/2023allowed

Md. Sheru @ Hasmat Ansari v. The State Of Bihar

2023-09-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61060 of 2023 Arising Out of PS. Case No.-321 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== MD. SHERU @ HASMAT ANSARI son of Ahmad Ansari Village- Urain PsKajra Dist- lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Irshad For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 379, 401, 420/34 of the Indian Penal Code.

3. As per prosecution case, some unknown persons stolen the motorcycle of the informant, when she stands her motorcycle in between bypass and toll-gate and went to see the plot towards few distance from main road with her husband.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional

Patna High Court CR. MISC. No.61060 of 2023(2) dt.15-09-2023 2/2 statement of co-accused Ramesh Kumar Koda, which has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. He further submitted that the as alleged motorcycle has recovered from co-accused Ramesh Kumar Koda not from this petitioner. He is languishing in judicial custody since 22.06.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Lakhisarai P.S. Case No. 321 of 2023.

(Sunil Kumar Panwar, J) arish/- U