Ajay Sah @ Ajay Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.435 of 2024 Arising Out of PS. Case No.-309 Year-2023 Thana- BAHERI District- Darbhanga ====================================================== Ajay Sah @ Ajay Kumar Sah Son of gulab Sah Resident of Village - Sosari, P.S.- Baheri, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Pratap For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

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

3. As per F.I.R., the allegation against unknown thief is of committing theft of motorcycle of the informant.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He is not named in the F.I.R. Merely on suspicion he along with co-accused was arrested in course of vehicle checking and co-accused namely, Suman Ji Mandal disclosed his name as well as the name of petitioner. This case is triable by the court of learned Judicial Magistrate. A

Patna High Court CR. MISC. No.435 of 2024(2) dt.15-01-2024 2/2 statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 13.09.2023.

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 after framing of charge, if not framed. 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., Darbhanga in connection with Baheri P.S. Case No.309 of 2023.

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