Raj Sharma @ Shiva Sharma @ Pochu Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3798 of 2024 Arising Out of PS. Case No.-120 Year-2023 Thana- KISHANGANJ District- Kishanganj ====================================================== Raj Sharma @ Shiva Sharma @ Pochu Sharma Son of Ajay Sharma @ Ajay Kumar Sharma R/o vill - Dharamganj Majhiya Road Ward no. 28 thana kishanganj District Kishanganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar For the Opposite Party/s :
Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-02-2024 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, it is alleged the some unknown miscreants committed theft of computer, scooty along with other household articles by entering the house of the informant.
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
Patna High Court CR. MISC. No.3798 of 2024(2) dt.01-02-2024 2/2 Ankit Kumar Ray. No any incriminating article has been recovered from conscious possession of the petitioner and he has also not put on TI Parade. It is further submitted that the petitioner is languishing in judicial custody since 19.4.2023. Similarly situated co-accused Nehal Kumar Roy has already been granted bail by a co-ordinate Bench of this Court vide order dt. 24.1.2024 passed in Cr. Misc. No. 1972 of 2024.
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 period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kishanganj P.S. Case No. 120 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, Kishanganj.
(Sunil Kumar Panwar, J) Amandeep/- U T