Lal Babu Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79603 of 2024 Arising Out of PS. Case No.-71 Year-2024 Thana- AZIMABAD District- Bhojpur ====================================================== Lal Babu Kumar Sah S/O Ashrphi Sah @ Asharphy Sah R/O VillageSilauthar, P.S- Jandaha, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar, Adv.

For the Opposite Party/s :

Mr. Mohammad Sufyan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-01-2025 Heard the parties.

2. The petitioner seeks bail in connection with Ajimabad P.S. Case No. 71 of 2024 registered for the offence under Sections 303(2), 317(2) and 317(5) of BNSS.

3. The petitioner not named in the F.I.R. and is in custody since 26.08.2024.

4. The allegation against the petitioner is to commit theft of tractor belonging to the informant along with other unknown co-accused persons.

5. Learned counsel appearing on behalf of the petitioner submitted that petitioner implicated with

Patna High Court CR. MISC. No.79603 of 2024(3) dt.22-01-2025 2/3 present case on the basis of suspicion arising out of confessional statement of one Biku Kumar @ Raushan Kumar. It is submitted that the reason for suspicion is also for the reason as petitioner was owner of garage. It is pointed out that aforesaid stolen tractor was recovered from the sister's house of Biku Kumar @ Raushan Kumar in furtherance of his confessional statement. It is submitted that in furtherance of aforesaid confessional statement no incriminating material appears to be recovered/surfaced from this petitioner so as to connect him prima-facie with present occurrence of theft. While concluding the argument, it is submitted that petitioner was found involved in one more criminal case, moreover, investigation of this case is completed, for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer of bail.

7. In view of aforesaid facts and circumstances as save and except, suspicion arising out of confessional

Patna High Court CR. MISC. No.79603 of 2024(3) dt.22-01-2025 3/3 statement of co-accused nothing appears incriminating as to connect petitioner prima-facie with present occurrence, coupled with fact that petitioner is in custody since 26.08.2024 , accordingly petitioner above named, is directed to be released on bail in connection with Ajimabad P.S. Case No. 71 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned JM 1st Class, Bhojpur at Ara/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS. (Chandra Shekhar Jha, J) Sudha/- U T