Raju Nishad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68912 of 2023 Arising Out of PS. Case No.-20 Year-2023 Thana- THAKRAHA District- West Champaran ====================================================== 1.

Raju Nishad Son Of Mohan Nishad @ Mohan Prshad R/O Vill - Parsa Nauka Tola, P.S. - Sevrahi Janpad, Distt. - Kushi Nagar (U.P) 2.

Ashok @ Ashok Nishad Son Of Jaykishun R/O P.S. - Taraiya Sujan, Distt. - Kushi Nagar, (U.P) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Milind Kumar Mishra For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of bail in connection with Thakaraha P.S. Case No. 20 of 2023 registered under section 379 of the Indian Penal Code.

Prosecution case relates to theft of one motorcycle along with some documents of the informant when he parked his motorcycle near temple.

Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case. The petitioners are not named in FIR rather their name came into light in this case on

Patna High Court CR. MISC. No.68912 of 2023(2) dt.03-11-2023 2/2 the basis of confessional statement of apprehended co-accused persons before the police which has got no evidentiary value in the eye of law. Nothing has been recovered from the conscious possession of the petitioners. Moreover, they are languishing in judicial custody since 15.07.2023.

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 this case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Thakaraha P.S. Case No. 20 of 2023 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Bagaha, West Champaran. (Sunil Kumar Panwar, J) Shubham/- U T