In a bail application, the Patna High Court granted release to the petitioner, who was in judicial custody and falsely implicated based on co-accused ’s statement, directing him to execute a bail bond with two sureties.
Petitioner directed to be enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17623 of 2023
Arising Out of PS. Case No.-474 Year-2022 Thana- SIKARPUR District- West Champaran
======================================================
Teras Kumar @ Taresh Kumar Son Of Sukadev Mahto Resident Of Village - Kundilpur, Ward No. - 05, P.S. - Sikarpur, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shyamal Prakash For the Opposite Party/s : Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
4 05-09-2023
Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
The petitioner has prayed for bail in a case instituted for the offence under Sections 365 and 120(B) of the Indian Penal Code.
As per allegation in the FIR, on 6.6.2022 a call was received by elder brother of the informant in which accused persons have called him to Bhawanipur immediately. Thereafter, he proceeded by Honda SP 125 Shine motorcycle from his house after giving information to his wife that he will be back till evening. He did not return till next date then a search was made by his family
Patna High Court CR. MISC. No.17623 of 2023(4) dt.05-09-2023 2/3
members but they could not trace either his brother or the motorcycle then the present FIR was lodged against the accused persons.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. The petitioner is not named in the FIR rather he has been made accused in this case merely on the basis of confessional statement of co-accused persons. No one is the eye witness of the alleged occurrence. During investigation, no consistent material has come to show his involvement in the present case. Similarly situated co-accused has already been granted bail this Court vide order dated 23.08.2023 passed in Cr. Misc. No. 37654 of 2023. The petitioner has got no criminal antecedent and he is languishing in judicial custody since 29.11.2022.
The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on
Patna High Court CR. MISC. No.17623 of 2023(4) dt.05-09-2023 3/3
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 concerned Court in connection with Shikarpur P.S. Case No. 474 of 2022.
(Sunil Kumar Panwar, J)
Manishkumar/-
U T
1 issue framed by the court
Whether the petitioner is eligible for bail grant in a case involving offences under Sections 365 and 120(B) IPC.
Teras Kumar @ Taresh Kumar
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
