Patna High CourtCR. MISC./70313/2023allowed

Uttam Kumar v. The State Of Bihar

2023-11-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70313 of 2023 Arising Out of PS. Case No.-456 Year-2023 Thana- DHANARUA District- Patna ====================================================== UTTAM KUMAR S/o- RAMASHISH PRASAD Village- Kodihara PsMasaurhi Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Sharma For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 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 prosecution case, some unknown persons stolen the truck 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 persons. 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. Nothing

Patna High Court CR. MISC. No.70313 of 2023(2) dt.06-11-2023 2/2 incriminating/looted articles have been recovered from the conscious possession of the petitioner. On the basis of suspicion, petitioner has been implicated in the present case. He is languishing in judicial custody since 05.08.2023.

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 Judicial Magistrate-1st Class, Masaurhi, Patna in connection with Dhanarua P.S. Case No. 456 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T