The Patna High Court granted regular bail to the petitioner in a P.S. case for theft, directing his release on a bond with two sureties as he is innocent and not named in the FIR.
Petitioner directed to be released on bail in connection with P.S. Case No. 289 of 2022 on furnishing bail bond of Rs.10,000/- with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5950 of 2023
Arising Out of PS. Case No.-289 Year-2022 Thana- NATHNAGAR District- Bhagalpur
======================================================
Raja Kumar S/O Ram Chandra Mahto R/O Village- Gokul Bhagat Lane Kali Asthan (Nathnagar), P.O- Nathnagar, P.S- Nathnagar (Lalmatiya), DistrictBhagalpur
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Chandrasekhar Sharma For the Opposite Party/s : Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 10-04-2023
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 457, 380 of the Indian Penal Code.
As per prosecution case, informant alleged that when he opened his Go-down he found bundles of cloths scattered on counting about twenty bundles of cloths were looted which is worth Rs. Ten lacs. After that this case has been lodged against unknown persons.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has
Patna High Court CR. MISC. No.5950 of 2023(2) dt.10-04-2023 2/2
falsely been implicated in this case merely on the basis of confessional statement of co-accused Vikash Kumar. Petitioner is not named in the FIR nor any article has been recovered from his possession. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 03.05.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with
Nathnagar(Lalmatiaya) P.S. Case No. 289 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Bhagalpur.
Manish/- U T
2 issues framed by the court
Whether regular bail should be granted to the petitioner in a theft case.
Whether release on bail is warranted considering the petitioner is not named in the FIR and has no criminal antecedent.
1 provisions across 1 enactments
Raja 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
