Wakil Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66634 of 2023 Arising Out of PS. Case No.-963 Year-2022 Thana- MOTIHARI TOWN District- East Champaran ====================================================== WAKIL SAH, male, aged about 59 years, S/o Late Sandhu Sah, resident of Vill.- Chandmari, P.S.- Motihari Town, Dist.- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sangeet Deokuliar, Advocate For the Opposite Party/s :
Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable U/s 379/34 of the Indian Penal Code.
3. Petitioner is said to have stolen the motorcycle of the informant.
4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that the motorcycle of the informant was never stolen by the petitioner and only with intention to harass the petitioner, false case has been lodged against him. He submits that there is no specific overt act against the petitioner. He submits that there is no recovery from the person or from the house of the petitioner nor anybody has claimed that he has seen
Patna High Court CR. MISC. No.66634 of 2023(2) dt.02-11-2023 2/2 the petitioner with the motorcycle. He further submits that petitioner has no criminal antecedent as stated in para 3 of the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Motihari Town P.S. Case No. 963 of 2022/G.R. Case No. 7719 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ravikr/- U T