Santosh Thakur @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83106 of 2023 Arising Out of PS. Case No.-487 Year-2023 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Santosh Thakur @ Santosh Kumar Son Of Vinda Thakur Resident Of VillageSiswa Kharar, P.S.- Kalyanpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 379 of the Indian Penal Code.

As per allegation in the FIR, on 13.7.2023, informant parked his Glamour motorcycle below the Indian Bank and went to the bank for some time. It has further been alleged that on his returning, he found his motorcycle missing from parking and after a hectic search, he failed to find it. Thereafter, the present FIR against unknown.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Neither

Patna High Court CR. MISC. No.83106 of 2023(2) dt.02-01-2024 2/2 the petitioner is named in the FIR not put on TIP. There is no eye witness of the alleged occurrence. Nothing has been recovered from his conscious possession. For recovery of stolen motorcycle, one another case was registered i.e. Kesariya P.S. Case No. 361 of 2023, in which petitioner has been granted bail. Petitioner is languishing in judicial custody since 25.7.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, East Champaran at Motihari in connection with Motihari Town P.S. Case No. 487 of 2023.

(Sunil Kumar Panwar, J) sushma/- U