Kanhai Kumar @ Kanhaiya Kumar Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72254 of 2023 Arising Out of PS. Case No.-97 Year-2023 Thana- DARPA District- East Champaran ====================================================== Kanhai Kumar @ Kanhaiya Kumar Baitha S/O Sadhu Baitha @ Raj Kumar Baitha Village- Gamhariya Kala, Ps. Darpa, Dist. East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 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 Sections 457 and 380 of the Indian Penal Code.

3. As per prosecution case, some unknown miscreants committed theft in the house of the informant's uncle and taken away T.V., Inverter, Battery, Motor, cash and other articles.

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 co-accused Vikash Kumar, which has got no

Patna High Court CR. MISC. No.72254 of 2023(2) dt.08-11-2023 2/2 evidentiary value in the eyes of law. On the basis of suspicion, petitioner has been implicated in the present case. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 19.08.2023.

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 the 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 S.D.J.M., Raxaul at Motihari(East Champaran) in connection with Darpa P.S. Case No. 97 of 2023. (Sunil Kumar Panwar, J) Arish/- U T