Dharmendra Manjhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2230 of 2023 Arising Out of PS. Case No.-149 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== Dharmendra Manjhi Son Of Sitan Manjhi R/O Village- Kujhi, P.S.- Wazirganj, District- Gaya ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinod Kumar For the Opposite Party/s :
Mr.Arvind Kumar Pandey (A.P.P.84) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in connection with Wazirganj P.S. Case No. 149 of 2022 registered under sections 413, 414 and 34 of the Indian Penal Code.
As per prosecution case, the petitioner purchased the stolen motorcycle from one Virju Paswan and thereafter, the police arrested the petitioner with stolen bike from his house. It is further alleged that prior to this case, Kankarbagh P.S. Case No. 89 of 2022 was also lodged against the theft of Honda Shine motorcycle. It is further alleged that petitioner along with his other associates engaged in trade of sell and purchase of stolen motorcycle.
Patna High Court CR. MISC. No.2230 of 2023(2) dt.03-04-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. It is further submitted that the petitioner was not arrested on spot and nothing has been recovered from his possession rather the alleged motorcycle was recovered from the open place near the house of the petitioner. It is further submitted that the petitioner was not aware about the fact that the said motorcycle to which he has purchased from another person is stolen one. He works as a labour and he has no any concern with the alleged offence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 02.04.2022.
The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Wazirganj P.S. Case No. 149 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each
Patna High Court CR. MISC. No.2230 of 2023(2) dt.03-04-2023 3/3 to the satisfaction of the learned A.C.J.M. 1st, Gaya. (Sunil Kumar Panwar, J) shubham/- U T