Rupesh Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85128 of 2023 Arising Out of PS. Case No.-179 Year-2023 Thana- SHASTRINAGAR District- Patna ====================================================== Rupesh Pandey SON OF LATE ARVIND PANDEY RESIDENT OF VILLAGE- BEN, MAGDUMPUR, PS- BEN, DISTT- NALANDA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Priya with Mr. Gaurav Kumar Verma, Advocates For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 379 of the Indian Penal Code.
3. As per prosecution case, some unknown miscreants theft 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 co-accused Pawan Kumar in another case, which
Patna High Court CR. MISC. No.85128 of 2023(2) dt.09-01-2024 2/2 has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. On the basis of suspicion and due to his criminal antecedents, petitioner has been implicated in this case by the police. He is languishing in judicial custody since 21.09.2023.
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 A.C.J.M.-IX, Patna in connection with Shastrinagar P.S. Case No. 179 of 2023.
(Sunil Kumar Panwar, J) Arish/- U T