Patna High CourtCR. MISC./84545/2023allowed

Suraj Kumar v. The State Of Bihar

2024-01-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84545 of 2023 Arising Out of PS. Case No.-224 Year-2023 Thana- KURSAILA District- Katihar ====================================================== Suraj Kumar SON OF RAJESH MAHTO RESIDENT OF VILLAGEGANDHI GHAR, BINDTOLI, PS- KURSELA, DISTT- KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajendra Prasad Sah For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 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 sections 457, 380 of the Indian Penal Code.

3. As per prosecution case, the informant alleged that his LED TV as well as cash of Rs. 8000/- has been stolen by some unknown miscreant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name was transpired in this case on the basis of confessional statement of co-accused Bhola mandal from whose possession, the stolen LED TV was recovered. Nothing incriminating article has been recovered

Patna High Court CR. MISC. No.84545 of 2023(2) dt.08-01-2024 2/2 from his conscious possession. The petitioner was not put on TI Parade. He has falsely been implicated in this case. It is further submitted that the petitioner has got no criminal antecedent and he is languishing in judicial custody since 2.10.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kursela P.S. Case No. 224 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 CJM, Katihar.

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