Ujjawal Pandey @ Ujjawal Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79855 of 2019 Arising Out of PS. Case No.-83 Year-2018 Thana- RAXAUL District- East Champaran ====================================================== UJJAWAL PANDEY @ UJJAWAL KUMAR PANDEY Son of Pramod Kumar Pandey Resident of Village - Mangalpur Dudariya, P.S.- Nautan, Dist.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Raxaul PS case no. 83 of 2019 instituted for the offence punishable under Section 379 of Indian Penal Code. The allegation is regarding the informant having gone to attend a marriage and after he had parked his motorcycle, he went for having dinner and upon his return, he found that his motorcycle had been stolen.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case, merely on the basis of the confessional statement of the co-accused person namely Parvesh

Patna High Court CR. MISC. No.79855 of 2019(3) dt.06-01-2020 2/2 Kumar. It is further submitted that neither any T.I. parade has taken place so as to connect the petitioner with the alleged crime nor any recovery has been made from the house of the petitioner or from the petitioner himself. It is also submitted that the petitioner has been remanded in the cases mentioned in paragraph no. 3 of the present petition, only after being implicated in the present case. Lastly, it is submitted that the petitioner is languishing in custody since 03.06.2019. Considering the facts and circumstances of the case as also the fact that neither any T.I. parade has taken place in order to connect the petitioner with the alleged crime nor any recovery has been made from the petitioner as also the fact that the petitioner is languishing in custody since 03.

06.2019, I deem it fit and appropriate to grant regular bail to the petitioner herein, on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Raxaul, East Champaran at Motihari in connection with Raxaul PS case no. 83 of 2018.