Dilip Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65119 of 2023 Arising Out of PS. Case No.-20 Year-2023 Thana- THAKRAHA District- West Champaran ====================================================== DILIP KUMAR SAH SON OF SRI SAH R/o vill - Malahi Tola, P.s. - Thakraha, Dist. - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prerna Anand, Advocate For the Opposite Party/s :
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offences punishable under Section 379 of the Indian Penal Code.
3. As per allegation in the F.I.R., it is a case of theft of informant's motorcycle by unknown thieves and the FIR was registered against unknown on 04.04.2023.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. It is further submitted that petitioner is not named in the FIR and there is no eye-witness of the alleged occurrence. Alleged recovery of stolen motorcycle has been made in Sevrahi Police Station in Uttar Pradesh. Name of the petitioner has been
Patna High Court CR. MISC. No.65119 of 2023(2) dt.12-10-2023 2/2 dragged in this case on the basis of confessional statement of co-accused namely Afroz which does not stands any evidentiary value. It has been further submitted that the name of the petitioner was dragged in the present case from Sevarahi P.S. Case No. 145 of 2023 in which stolen motorcycle was recovered. Petitioner is languishing in judicial custody since 20.07.2023.
5. The application for bail is opposed by learned APP for the State.
6. 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-I Class, Bagaha, West Champaran in connection with Thakraha P.S. Case No. 20 of 2023. (Sunil Kumar Panwar, J) Adnan/Guddu U T