Patna High CourtCR. MISC./81886/2023allowed

Aditya Kumar v. The State Of Bihar

2023-12-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81886 of 2023 Arising Out of PS. Case No.-356 Year-2023 Thana- ARWAL District- Jehanabad ====================================================== Aditya Kumar S/O Late Raju Mistri Village- Alampur, Gonpura, Ps. Phulwarisharif, Dist. Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rishi Sinha For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 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 and 411 of the Indian Penal Code.

3. Prosecution case relates to theft of one motorcycle of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of other coaccused person before the police which has got no evidentiary value in the eye of law. Looted article has not been recovered from the possession of this petitioner. A statement has been

Patna High Court CR. MISC. No.81886 of 2023(2) dt.20-12-2023 2/2 made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 20.07.2023.

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 Arwal P.S. Case No. 356 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 C.J.M., Arwal.

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