Praveen Soni @ Praveen Kumar Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1610 of 2023 Arising Out of PS. Case No.-303 Year-2019 Thana- ROSERA District- Samastipur ====================================================== Praveen Soni @ Praveen Kumar Soni Son Of Late Asarfi Soni Resident Of Village - Koriya Hawatpur, P.S.- Muffasil, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Rosera P.S. Case No. 303 of 2019 registered under sections 414, 401, 400 and 34 of the Indian Penal Code.

Prosecution case relates to recovery of theft motorcycles from the co-accused persons, who were apprehended by the police.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The name of the petitioner came in the F.I.R. on the basis of confessional statement of other co-accused person, namely, Vikram Thakur before the police. It

Patna High Court CR. MISC. No.1610 of 2023(2) dt.28-03-2023 2/2 is further submitted that no any looted article has been recovered from the possession of the petitioner rather the looted motorcycle was recovered from the possession of other coaccused persons. The petitioner has no concern with the alleged offence. He is languishing in judicial custody since 02.02.2022. Similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide order dated 28.02.2020 in Cr. Misc. No. 11492 of 2020. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Rosera P.S. Case No. 303 of 2019 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-IInd, Rosera at Samastipur.

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