Subhash Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85381 of 2023 Arising Out of PS. Case No.-190 Year-2018 Thana- DAUDPUR District- Saran ====================================================== Subhash Giri Son of Late Muneshwar Giri R/o vill - Suremanpur, New Basti Purana Station, P.S. - Bairiya, Distt. - Balia (U.P) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Udit Singh For the Opposite Party/s :
Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 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 394 of the Indian Penal Code.
3. As per FIR, the allegation against unknown miscreants is that they snatched motorcycle of the informant and fled away.
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 merely on the basis of confessional statement of co-accused. The petitioner is not named in the FIR and he has
Patna High Court CR. MISC. No.85381 of 2023(2) dt.10-01-2024 2/2 no concern with the alleged occurrence. The recovered motorcycle has not tallied with the alleged stolen motorcycle. It is further submitted that the petitioner is languishing in judicial custody since 27.09.2023.
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 after framing of charge, if not framed. The above named petitioner is directed to be released on bail in connection with Daudpur P.S. Case No. 190 of 2018 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist, Class, Saran at Chhapra. (Sunil Kumar Panwar, J) Manishkumar/- U T