Suraj Kumar Jha @ Suraj Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69166 of 2023 Arising Out of PS. Case No.-155 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Suraj Kumar Jha @ Suraj Jha Son Of Indrakant Jha Resident Of Village Harinagar, Ps- Kusheshwar Ashthan, Dist- Darbhanga ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raja Ram Mishra For the Opposite Party/s :
Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 379 of the Indian Penal Code.
3. Petitioner is said to have committed theft of the motorcycle of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that the petitioner has been made accused in this case on the basis of confessional statement of co-accused which has no evidentiary value in the eye of law. He submits that no looted article or any incriminating article has been recovered from the possession of
Patna High Court CR. MISC. No.69166 of 2023(2) dt.07-11-2023 2/2 the petitioner or from his house. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kusheshwar Ashthan P.S. Case No. 155 of 2022, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T