Patna High CourtCR. MISC./3263/2024bail granted

Upendra Kumar v. The State Of Bihar

2024-01-31Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3263 of 2024 Arising Out of PS. Case No.-95 Year-2023 Thana- DARPA District- East Champaran ====================================================== UPENDRA KUMAR SON OF CHHABILA RAY @ RAMCHHABILA YADAV RESIDENT OF VILLAGE - GAMARHARIIYA KALA (GAMHARIA KALAN), P.S. - DARPA, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is in custody since 04.09.2023 in connection with Darpa P.S. Case No. 95/2023 registered for the offence punishable under Sections 457/380 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is accused of committing theft in a house.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. Learned counsel for the petitioner further submits that the petitioner is not named in the F.I.R., his name surfaced in the confessional statement of the co-accused Vikash Kumar which has no evidentiary value.

Patna High Court CR. MISC. No.3263 of 2024(2) dt.31-01-2024 2/2

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case, let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Raxual at Motihari in connection with Darpa P.S. Case No. 95/2023.

7. The petitioner is directed to mark his attendance in Darpa P.S. on 1st Sunday and 4th Sunday of every month failure to do so, will result in cancellation of bail bond of the petitioner. (Sandeep Kumar, J) Saif/- U T