Patna High CourtCR. MISC./62388/2023allowed

Manish Kumar v. The State Of Bihar

2023-10-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62388 of 2023 Arising Out of PS. Case No.-63 Year-2023 Thana- BIKRAM District- Patna ====================================================== MANISH KUMAR S/o Avdhesh Ray Residence Mohalla-Sorangpur, Mohanchak, P.S.-Janipur, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-10-2023 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 FIR, the allegation against FIR named coaccused person is that he committed theft of the bike of informant and his cousin rather bike of his cousin was found near D.A.V. School.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis of confessional statement of

Patna High Court CR. MISC. No.62388 of 2023(2) dt.05-10-2023 2/2 co-accused. The petitioner is not named in the FIR and he has no concern with the alleged occurrence. Neither the petitioner was put on TIP nor looted motorcycle has been recovered from his conscious possession. Similarly situated co-accused has already been granted bail by this a coordinate Bench of this Court vide order dated 20.09.2023 passed in Cr. Misc. No. 61311 of 2023. The petitioner is languishing in judicial custody since 19.04.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Vikram P.S. Case No. 63 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 ACJM-VI, Danapur.

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