Patna High CourtCR. MISC./63500/2023bail granted

Raju Mallik v. The State Of Bihar

2023-10-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63500 of 2023 Arising Out of PS. Case No.-1031 Year-2022 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Raju Mallik Son of Shri Bhushan Dom @ Bhushan Mehtar, Mohalla- Deep Nagar, P.S.- Jogsar (Kotwali), Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indeshwari Prasad Mandal, Advocate For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case instituted for the offences under Section 379 of the Indian Penal Code.

3. The prosecution case, in short, is that on 22.10.2022 Sariya (rod) weighing 60-70 kg has been theft and again on 04.11.2022, 25-30 kg Sariya (rod) of the company has been theft. When it was traced out, it was noticed that the petitioner has hand in this theft, who has recently come out from the jail custody.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.11.2022. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-

Patna High Court CR. MISC. No.63500 of 2023(2) dt.10-10-2023 2/2 sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The name of the petitioner has transpired in this case merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in this case. There is no recovery of any incriminating article from the possession of the petitioner.

5. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned court below/concerned Court in connection with Kotwali (Jogsar) P.S. case No.1031/2022.

(Sudhir Singh, J) Narendra/- U T