Patna High CourtCR. MISC./70050/2023allowed

Monu Kumar v. The State Of Bihar

2023-11-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70050 of 2023 Arising Out of PS. Case No.-312 Year-2023 Thana- BUXAR District- Buxar ====================================================== MONU KUMAR Son of Rajo Yadav R/o vill - Rautara, ward no. 1, P.S. - Rautara, Distt. - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anup Kumar Pandey For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 379 of the Indian Penal Code.

3. As per FIR, it is a case of theft of Rs. 1,70,000/- from the motorcycle's dickey of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown. The name of the petitioner has come into light on the basis of confessional statement of himself before the police, which has got no evidentiary value in the eyes of law. On the basis of suspicion,

Patna High Court CR. MISC. No.70050 of 2023(2) dt.02-11-2023 2/2 the petitioner has been implicated in the present case. No T.I. Parade has been done. No incriminating/looted article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 20.06.2023.

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 as well as period of custody, 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 Chief Judicial Magistrate, Buxar in connection with Buxar Town P.S. Case No. 312 of 2023. (Sunil Kumar Panwar, J) Arish/- U T