Bharat Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76489 of 2023 Arising Out of PS. Case No.-114 Year-2023 Thana- DHANSOI District- Buxar ====================================================== Bharat Pandey Son Of Radhe Shyam Pandey R/O Vill. Basamanpur, P.S.- Sikraul, District- Buxar, At Present R/O Village- Veer Kuwar Singh Colony Buxar, P.S.- Buxar (Town), District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== 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 bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code.

3. As per allegation in the FIR, three unknown persons boarded on a Bullet Motorcycle came to informant and started firing and took the key of informant's motorcycle, Rs. 1, 32,000/- from his pockets and dickey of bike and fled away on same Bullet motorcycle.

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

Patna High Court CR. MISC. No.76489 of 2023(2) dt.01-12-2023 2/2 case by the local police. The petitioner is not named in the F.I.R. His name has been transpired in this case after confession of co-accused Madhusudan Kumar before the police which has no evidentiary value in the eye of law. Nothing incriminating article has been recovered from the possession or house of the petitioner. He has not been put on T.I.P. till date. Petitioner is languishing in judicial custody since 14.08.2023.

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 Chief Judicial Magistrate, Buxar in connection with Dhansoi P.S. Case No.114 of 2023. (Sunil Kumar Panwar, J) lata/- U T