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Patna High CourtCR. MISC./79101/2023allowed

Subodh Kumar Giri v. The State Of Bihar

2023-12-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79101 of 2023 Arising Out of PS. Case No.-640 Year-2023 Thana- ARA NAWADA District- Bhojpur ====================================================== SUBODH KUMAR GIRI S/O ANANT DEO GIRI RESIDENT OF VILLAGE- AHILE, PS. NARAYANPUR, DIST. BHOJPUR AT PRESENT R/O VILLAGE- VISHNU NAGAR, PS. ARA NAWADA, DIST. BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 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 Sections 379, 411 and 34 of the Indian Penal Code.

3. It is a case of theft of cow and recovery of same from the possession of the petitioner.

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 case due to dirty village politics. The seizure list has not been prepared according to the provision of Cr.P.C. and there is no signature or thumb impression of the petitioner on the seizure

Patna High Court CR. MISC. No.79101 of 2023(2) dt.13-12-2023 2/2 list which seems to be dubious. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 08.09.2023.

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 after framing of charge. 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 C.J.M., Bhojpur at Ara in connection with Ara Nawada P.S. Case No.640 of 2023. (Sunil Kumar Panwar, J) lata/- U T