Om Prakash Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76007 of 2024 Arising Out of PS. Case No.-487 Year-2024 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Om Prakash Soni S/O Kaushik Prasad Resident of village- Madhaw Nagar, Mahadewa ,P.S- Mahadewa OP, Dist- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Anupam, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Siwan Muffasil P.S. Case No. 487 of 2024 instituted for the offence under Sections 305, 317(4), 317(5), 317(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case in short is that co-accused, namely, Indu Kumari who works as a maid in the house of the informant has stolen a gold chain, five rings, two earrings and two lockets from the house of the informant.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25-08-2024. Petitioner is a man of clean antecedent.

Patna High Court CR. MISC. No.76007 of 2024(2) dt.23-10-2024 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is alleged to be purchaser of the stolen articles. Nothing has been recovered from the conscious possession of the petitioner. There is no independent witness of the occurrence. Petitioner's name is disclosed in this case only at the instance of co-accused, Indu Kumari.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and manner of petitioner's implication, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Siwan Muffasil P.S. Case No. 487 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T