Hira Lal Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67803 of 2023 Arising Out of PS. Case No.-48 Year-2023 Thana- INDUSTRIAL District- Bhagalpur ====================================================== HIRA LAL SHARMA Son of Saryug Sharma R/o Mohamdabad, P.O. - Mirjanhat, P.S. - Mojahidpur, distt. - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajive Ranjan Singh For the Opposite Party/s :
Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 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 section 394 of the Indian Penal Code.
As per allegation in the FIR, three unknown miscreants entered into the house of the informant and looted gold ornaments, cash of Rs. 1,75,000/- and mobile. It is submitted by learned counsel for the petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He is not named in the FIR and nothing has come against him except suspicion. His name appeared in confessional statement of co-accused Ranjeet Sharma, which has no evidentiary value in the eye of law. Nothing looted article
Patna High Court CR. MISC. No.67803 of 2023(2) dt.31-10-2023 2/2 has been recovered from the conscious possession of the petitioner or from his house. Similarly situated co-accused persons have already been granted bail by this Bench vide order dated 11.08.2023 and 25.08.2023 passed in Cr. Misc. No. 50434 of 2023 and 51317 of 2023 respectively. Petitioner has got no criminal antecedent and languishing in judicial custody since 27.3.2023.
The application for bail is opposed by learned APP for the State.
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/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Bhagalpur in connection with Industrial Area PS Case No. 48 of 2023.
(Sunil Kumar Panwar, J) lata/- U T