Satyam Kumar @ Satyam Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61047 of 2019 Arising Out of PS. Case No.-454 Year-2018 Thana- SAUR BAZAR District- Saharsa ====================================================== Satyam Kumar @ Satyam Kumar Jha S/o Sri Pawan Jha @ Pawan Kumar Jha R/o Ward No.- 29, Kayasth Tola, P.S.- Saharsa, Distt.- Saharsa, Pin- 852201 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nikunj Shekhar For the Opposite Party/s :

Mr. Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Saharsa Sadar Saur Bazar P.S. Case No. 454 of 2018 registered for the offence punishable under Sections 379/34 of the Indian Penal Code.

Four unknown motorcycle borne criminals are said to have looted the motorcycle of the informant on the way to his house after attending feast.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in this case. There is no eyewitness of the occurrence. He was not put on T.I.P. No

Patna High Court CR. MISC. No.61047 of 2019(3) dt.27-11-2019 2/2 incriminating article has been recovered from conscious physical possession of the petitioner. During the course of investigation, I.O. is said to have recovered the same motorcycle from two places, one is from rented room of the petitioner and co-accused Aryan Bhagat located in the house of Bechan Bhagat, and another is from beside Madhya Vidyalya, Dhardhari, which creates serious doubt about the aforesaid recovery from the possession of the petitioner. Said rented room is not hailing to the petitioner rather to Aryan Kumar. Petitioner has been languishing in custody since 12.01.2019. On the other hand, learned APP opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, let the above named petitioner be released on bail, 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., Saharsa in connection with Saharsa Sadar Saur Bazar P.S. Case No. 454 of 2018.

(Prakash Chandra Jaiswal, J) rohit/- U T