Saheb Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82231 of 2023 Arising Out of PS. Case No.-212 Year-2023 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Saheb Kumar Son Of Sudama Ram R/O Village- Kuwari Devi Chowk, Kolhuarwa, P.S.- Motihari Town, Dist.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kundan Rathore@ Kundan Kumar, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, 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 Motihari Town P.S. Case No. 212 of 2023 for the offences registered under Sections 457 and 380 of the Indian Penal Code.
3. It is alleged in the prosecution case that on 05.03.2023 informant had gone to her relative to attend marriage ceremony. On 07.03.2023, neighbour of the informant informed her about theft committed in her house. It is alleged that the thief took away cash of Rs. 1,50,000/-, ornaments and other valuables.
4. Learned counsel for the petitioner submits that petitioner is innocent. He has falsely been implicated in this
Patna High Court CR. MISC. No.82231 of 2023(2) dt.09-01-2024 2/2 case on suspicion. Petitioner is not named in the F.I.R. He is in judicial custody since 27.03.2023. It is further submitted that similarly situated co-accused has been granted bail by a coordinate Bench of this Court, vide order dated 19.07.2023 passed in Cr. Misc. No. 38598 of 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 Motihari Town P.S. Case No. 212 of 2023. (Sunil Dutta Mishra, J) rakhi/- U T