Neta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60324 of 2022 Arising Out of PS. Case No.-121 Year-2022 Thana- KARAHGAR District- Rohtas ====================================================== NETA S/O BABU RAM Resident of Village- Dhanupura P.S.- Kadar Chouck District- Badayu (U.P) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Pandey For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-02-2023 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 379, 461 of the Indian Penal Code.

Prosecution case relates to theft of 2.5 kg gold and 40 kg silver ornaments along with other articles from the jewelry shop of the informant situated at Karhagar market by unknown miscreants.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this present case on the basis of suspicion. Neither the petitioner is named in FIR nor he has been put on TI parade. Nothing incriminating article has been

Patna High Court CR. MISC. No.60324 of 2022(3) dt.15-02-2023 2/2 recovered from the conscious possession of the petitioner which shows his involvement in this offence. The name of the petitioner has transpired in this case on his own confessional statement, which has got no evidentiary value in the eye of law. The petitioner has been remanded in this case from another case on 6.6.2022 and since then, he is languishing in judicial custody. 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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Khargar P.S. Case No. 121 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 C.J.M., Sasaram. (Sunil Kumar Panwar, J) amandeep/- U T