Patna High Court/63896/2023allowed

Saurabh Jha v. The State Of Bihar

2023-10-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63896 of 2023 Arising Out of PS. Case No.-6 Year-2022 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== SAURABH JHA S/o VIJAY KANT JHA Village- Paghari Ps- Biraul, DistDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 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 sections 379, 411, 34 of the Indian Penal Code.

3. As per prosecution case, the motorcycle of the informant bearing Registration no. BR07AN-8727 is alleged to have been stolen by unknown miscreant which was parked at Varamdah.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He is not named in the FIR but during investigation of other case Kusheshwar Asthan P.S. Case No. 322 of 2022, one motorcycle without number plate is

Patna High Court CR. MISC. No.63896 of 2023(2) dt.11-10-2023 2/2 said to have been recovered from house of the petitioner thereafter, he was arrested. The petitioner stated about the aforesaid recovery of motorcycle that he purchased the for Rs. 20,000/- from one Hunter and in that case, he has been granted bail. It is further submitted that the petitioner was remanded in this case on 6.4.2023 and since then, he is languishing in judicial custody.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Ghanshyampur P.S. Case No. 6 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 J.M. 1st Class, Benipur at Darbhanga. (Sunil Kumar Panwar, J) Amandeep/- U T