Patna High CourtCR. MISC./488/2024bail granted

Pawan Raj @ Tunna Kumar @ Pawan Sah v. The State Of Bihar

2024-01-24Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.488 of 2024 Arising Out of PS. Case No.-368 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Pawan Raj @ Tunna Kumar @ Pawan Sah son of Tetar Sah Village- Ashani Ps- Udwantnagar Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashish Kumar Ranjan, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-01-2024

1. Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Udwantnagar P.S Case no.368 of 2023 registered under sections 379, 411 and 34 of the Indian Penal Code.

3. As per the prosecution case, the three accused persons including this petitioner were caught by the villagers on halla being raised by the informant in the process of stealing a water pump motor.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case by the informant who happens to be the co-villager for oblique reasons. No such occurrence as alleged in the FIR took place. He is in

Patna High Court CR. MISC. No.488 of 2024(2) dt.24-01-2024 2/2 custody since 23.8.2023 and has no criminal antecedent.

5. The prayer for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the FIR, the petitioner not having any criminal antecedent, his being in custody for 5 months since 23.8.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Udwantnagar P.S Case no.368 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara.

(Partha Sarthy, J) Shiv/- U T