Patna High CourtCR. MISC./79983/2023allowed

Nandan Tiwari v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79983 of 2023 Arising Out of PS. Case No.-328 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Nandan Tiwari S/O Late Sanjay Tiwari Village- Izaripipra, Ps. Arrah Muffasil, Distt. Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Madan 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 regular bail in a case registered for the offence punishable under sections 379, 414 and 34 of the Indian Penal Code.

3. Prosecution case relates to commission of theft of motorcycle of the informant by unknown persons.

4. 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 petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of other co-accused person before the police which has got no evidentiary value in the eye of law. The stolen motorcycle has been recovered from the joint family

Patna High Court CR. MISC. No.79983 of 2023(2) dt.13-12-2023 2/2 house of the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 09.08.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Udwantnagar P.S. Case No. 328 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Arrah.

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