Saroj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82211 of 2023 Arising Out of PS. Case No.-198 Year-2023 Thana- PAKRIDAYAL District- East Champaran ====================================================== Saroj Kumar, Son of Ram Pukar Ray, Resident of Village - Santpur, P.S. - Motihari Muffasil, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhurendra Kumar, Advocate For the Opposite Party/s :
Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Pakaridayal P.S. Case No. 198 of 2023 for the offences registered under Section 379 of the Indian Penal Code and added Sections 413 and 414 of the Indian Penal Code.
3. It is alleged in the prosecution case that on 07.09.2023 petitioner, who is driver of truck of the informant, parked the truck (loaded with LPG Cylinder) near Pakari Dayal Bazar and went for refreshment. When he returned, he did not find the truck.
4. Learned counsel for the petitioner submits that petitioner is driver of the truck. He has firstly informed the informant about the theft of the truck in question. No
Patna High Court CR. MISC. No.82211 of 2023(2) dt.09-01-2024 2/2 incriminating article has been recovered from possession of the petitioner rather the same has been recovered from possession of co-accused Kanhaiya Kumar. Except confessional statement of co-accused, there is no material against the petitioner. Petitioner has no criminal antecedent. He is in judicial custody since 09.09.2023.
5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Pakaridayal P.S. Case No. 198 of 2023. (Sunil Dutta Mishra, J) rakhi/- U T