Sidharth Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82657 of 2023 Arising Out of PS. Case No.-559 Year-2023 Thana- NATHNAGAR District- Bhagalpur ====================================================== SIDHARTH KUMAR S/O SRI BAHADUR MANDAL R/VILL.- RATTIPUR BAIRIYA P.S. NATHNAGAR, DIST.- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Uma Shankar 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 instituted for the offence under Sections 379, 414 and 34 of the Indian Penal Code.

3. As per prosecution case, some unknown miscreants stolen the motorcycle of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of Ankit Kumar, which has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been

Patna High Court CR. MISC. No.82657 of 2023(2) dt.20-12-2023 2/2 recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He further submitted the petitioner has not apprehended on spot and so far as the recovered motorcycle is concerned earlier Nathnagar P.S. Case No. 447 of 2023 already lodged and in the case diary clearly came the petitioner has purchased this aforesaid motorcycle so no case of 379 of the IPC has been made out against him. The trial of this case is triable by learned Judicial Magistrate. He is languishing in judicial custody since 14.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Court concerned in connection with Nathnagar P.S. Case No. 559 of 2023.

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