Suraj Kumar Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62770 of 2022 Arising Out of PS. Case No.-323 Year-2021 Thana- SIMRI District- Darbhanga ====================================================== SURAJ KUMAR PODDAR Son of Prakash Poddar R/o Mohalla- Rambagh, P.S.- Sadar, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2023 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 380 of the Indian Penal Code.

Present FIR has been lodged in respect of theft committed by unknown miscreants in the house of the informant. He alleged that when he returned on 28.11.2021, he found the ornaments, valuable documents and cash of Rs. 52,000/- have been theft from this house.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR and he has falsely been made accused in the present case. Neither the petitioner has been put

Patna High Court CR. MISC. No.62770 of 2022(2) dt.20-02-2023 2/2 on TI Parade nor any incriminating article has been recovered from his conscious possession rather the stolen articles have been recovered from the possession of co-accused namely, Raja Chaudhary and Ramesh Chandra Prabhakar, they also disclosed the name of the petitioner as their associate. It is further submitted that the petitioner is languishing in judicial custody since 15.3.2022.

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 Simri P.S. Case No. 323 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IV, Darbhanga. (Sunil Kumar Panwar, J) Amandeep/- U T