Patna High CourtCR. MISC./82397/2023allowed

Manish Poddar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82397 of 2023 Arising Out of PS. Case No.-650 Year-2023 Thana- AMARPUR District- Banka ====================================================== MANISH PODDAR SON OF PRAKASH PODDAR R/O VILL.- BHARKO, P.S.- AMARPUR, DIST.- BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Narendra Kumar 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 section 379 and 420 of the Indian Penal Code.

3. As per FIR, the allegation against the petitioner and co-accused persons is that they committed theft of gold and silver ornament of the informant by tempting her minor nephew, namely, Raj @ Goly by giving some amount in cash.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to previous dispute. The informant is not an

Patna High Court CR. MISC. No.82397 of 2023(2) dt.20-12-2023 2/2 eye witness of the alleged occurrence nor any incriminating article has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 01.10.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Amarpur (Fullidumar) P.S. Case No. 650 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, Banka. (Sunil Kumar Panwar, J) manishkumar/- U T