Naresh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64418 of 2022 Arising Out of PS. Case No.-161 Year-2022 Thana- VAISHALI District- Vaishali ====================================================== Naresh Das, Son of Chandeshwar Das @ Chandeshra Das, R/O Vill.- Bagra Vanshidhar, P.S.- Kudhani, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar, Advocate For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-03-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 457 and 380 of the Indian Penal Code.

As per the prosecution case, the golden ear tops, three golden locket earring, Mangalsutra, two Jitiya, three Tikiya, Payal and Rs. 5000/- in cash were stolen from the house of the informant by unknown thieves and three mobiles, one golden chain worth Rs. 11,000/- from the house of the informant's uncle. Other articles were also stolen from the house of the Bhilai Mahto and

Patna High Court CR. MISC. No.64418 of 2022(2) dt.22-03-2023 2/2 Kailash Mahto.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.06.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the stolen mobile was recovered from the possession of the petitioner. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Vaishali (Belsar) P.S. Case No. 161 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T