Patna High CourtCR. MISC./63887/2023allowed

Harsh Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63887 of 2023 Arising Out of PS. Case No.-128 Year-2023 Thana- HULASGANJ District- Jehanabad ====================================================== Harsh Kumar Son Of Sudhir Sharma Village- Kandaul Ps- Hulasganj DistJehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== 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 461, 379, 411, 34 of the Indian Penal Code.

3. Prosecution case relates to theft of some grocery items from the shop of the informant.

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 merely on suspicion. The petitioner was not apprehended on spot. It is further submitted from para-7 of this petition that nothing has been recovered from the conscious possession of the petitioner rather the recovery of alleged items is from the house of co-accused,

Patna High Court CR. MISC. No.63887 of 2023(2) dt.11-10-2023 2/2 namely Ranjit Sharma. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 19.07.2023.

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 of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hulasganj P.S. Case No. 128 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 C.J.M. Jehanabad.

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