Samsher Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76590 of 2023 Arising Out of PS. Case No.-470 Year-2023 Thana- NAANPUR District- Sitamarhi ====================================================== SAMSHER KHAN SON OF MD. SHABBIR KHAN R/O WARD NO. 04, VILLAGE- KOILY RASULGANJ URF KOILY, P.S.- NAANPUR, DISTRICT- SITAMARHI, BIHAR- 843333 ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Noushad Khan For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 379 of the Indian Penal Code.

3. As per prosecution case, the informant parked her motorcycle beside the road and went for worshiping and when she returned she found that her motorcycle was not there then the F.I.R. has been registered.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR. The name of the petitioner has come into light, on the basis of

Patna High Court CR. MISC. No.76590 of 2023(2) dt.01-12-2023 2/2 confessional statement of co-accused Sajid Khan@ Lucky Khan, which has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 15.09.2023.

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. 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 Additional District and Sessions Judge-XV, Sitamarhi in connection with Naanpur P.S. Case No. 470 of 2023.

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