Sunil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90298 of 2024 Arising Out of PS. Case No.-179 Year-2024 Thana- DARBHANGA District- Darbhanga ====================================================== Sunil Sah S/O Suresh Sah Resident of Village- Allapatti, Police StationBenta, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary, Adv.

For the Opposite Party/s :

Mr.Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Town P.S. Case No. 179 of 2024 instituted for the offences under Sections 331(4) and 305(a) of the Bhartiya Nyaya Sanhita.

3. The prosecution case, in short, is that on 28.08.2024 in the night, some unknown persons committed theft in the house of the Informant and stole four mobile phones and some ornaments along with cash of Rs. 5,000/- of her daughter.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as

Patna High Court CR. MISC. No.90298 of 2024(2) dt.16-01-2025 2/3 alleged against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his name has transpired in this case on the basis of confessional statement of the co-accused Rakesh Sah who has confessed of selling the ornaments at the shop of the petitioner in lieu of Rs. 30,000/-. He further submits that save and except confessional statement of the co-accused, there is nothing adverse against the petitioner which proves his being indulged in the present case. He further submits that the petitioner runs a jewelry shop and had no knowledge that the jewelry purchased by him is the stolen one. The petitioner has no concern with the alleged occurrence of theft. The petitioner has no criminal antecedent and is languishing in judicial custody since 16.11.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the

Patna High Court CR. MISC. No.90298 of 2024(2) dt.16-01-2025 3/3 petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Town P.S. Case No. 179 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T