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Patna High CourtCR. MISC./76582/2023allowed

Sharma Singh @ Samar Singh @ Shama Singh v. The State Of Bihar

2023-12-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 76582 of 2023 Arising Out of PS. Case No.-278 Year-2022 Thana- MOHAMMADPUR District- Gopalganj ====================================================== SHARMA SINGH @ SAMAR SINGH @ SHAMA SINGH S/O KISHUN SINGH VILLAGE- LAKRI PADAULI, PS. LAKDINABIGANJ, DIST. SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Murli Dhar ====================================================== 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 395 of the Indian Penal Code.

3. As per prosecution case, some unknown miscreants boarded with Maruti Swift vehicle overtook the Car of the informant and snatched his key and fled away with the vehicle.

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 and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional

Patna High Court CR. MISC. No. 76582 of 2023(2) dt.01-12-2023 2/2 statement of co-accused Chhotu Manjhi, 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. He is languishing in judicial custody since 19.07.2023.

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 A.C.J.M.-VII, Gopalganj in connection with Mohammadpur P.S. Case No. 278 of 2022. (Sunil Kumar Panwar, J) Arish/- U T