Patna High CourtCR. MISC./73316/2023allowed

Laxmi Das v. The State Of Bihar

2024-02-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73316 of 2023 Arising Out of PS. Case No.-342 Year-2023 Thana- SURSAND District- Sitamarhi ====================================================== LAXMI DAS Son of Mohan Das @ Mohan Chaupal R/o vill - Koily @ Koeli, P.S. - Nanpur, Distt. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 379, 411 and 413 of the Indian Penal Code.

3. It is a case of recovery of stolen motorcycle from the possession of the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case due to dirty village politics. He has no concern with the seized motorcycle. Nothing has been recovered from his conscious possession. In fact, the petitioner was returning from a relative house and in that course he was arrested and police

Patna High Court CR. MISC. No.73316 of 2023(3) dt.09-02-2024 2/2 personnel has forcibly taken his signature on plain paper which has been converted into alleged seizure list related to recovery of seized motorcycle. During course of investigation, none of the independent witnesses have supported the case of prosecution. Petitioner is languishing in judicial custody since 28.06.2023.

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 after framing of charge. 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., Pupri, Sitamarhi in connection with Sursand P.S. Case No.342 of 2023. (Sunil Kumar Panwar, J) lata/- U T