Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73472 of 2022 Arising Out of PS. Case No.-618 Year-2022 Thana- MOTIHARI TOWN District- East Champaran ====================================================== SANTOSH KUMAR S/O Shree Bhagwat Singh R/O Village- Sishawa Bajar Tola, P.S- Paharpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 379 and 411 of the Indian Penal Code.

As per prosecution case, informant alleged that his motorcycle bearing Reg. No. BR05AG2437, which is registered in the name of his mother was stolen by unknown miscreants, when the said motorcycle was parked at the door of his residence.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.73472 of 2022(2) dt.21-03-2023 2/2 suspicion. There is no other evidence or material show his complicity in the alleged occurrence. Neither the petitioner is named in the FIR nor any articles have been recovered from the conscious possession of him. It is also submitted that he has got no criminal antecedent rather he is languishing in judicial custody since 30.08.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody of this petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Town P.S. Case No. 618 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate. Motihari, East Champaran.

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