Bindhyachal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76614 of 2024 Arising Out of PS. Case No.-390 Year-2023 Thana- SIMRI District- Buxar ====================================================== Bindhyachal Sharma Son of Maksudan Sharma @ Maksmudan Lohar @ Maksudan Lohar Resident of village- Sahiyar, P.S.- Simri, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Rai Sharma, Advocate For the Opposite Party/s :

Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 380, 457 and 411 of the Indian Penal Code.

3. The case of the informant is that he closed the house in the month of June, 2023 and he along with his family members went outside. When they returned in the diwali holidays on 05.11.2023 they found that the lock they put on the main door was different lock on that door. When the lock was broken they found that the jewellery and households articles were missing and were stolen. The informant suspects four persons and the petitioner is amongst them.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.76614 of 2024(3) dt.23-01-2025 2/2 falsely been implicated in this case. During investigation, one Sintu Kumar presented a LCD TV and remote before police and that Sintu Kumar has disclosed the name of this petitioner. According to Sintu Kumar Sharma, this petitioner sold the LCD TV to him. This petitioner has also given his confessional statement in para-36 of the case diary and certain household articles were recovered from his possession but no TIP has been conducted of those articles. Moreover, the petitioner is languishing in judicial custody since 08.07.2024.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Simri P.S. Case No. 390 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Court No.12, Buxar.

(Ashok Kumar Pandey, J) Shubham/- U T