Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5022 of 2024 Arising Out of PS. Case No.-297 Year-2023 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== SUDHIR KUMAR, S/O SANTOSH SINGH, R/O VILLAGE- RANIGANJ TETARIYA MANDIR JE PASS, P.S. IMAMGANJ, DISTRICT- GAYA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Advocate Mr. Mahendra Thakur, Advocate Mr. Krishna Prabhat, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-02-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with M.M.C.H P.S. Case no. 297 of 2023, registered under section 379 of the Indian Penal Code.

3. As per the prosecution case, the informant states that while he had parked his motorcycle in the parking lot of the hospital and was attending to a patient, the next morning he found that his motorcycle was stolen by unknown accused persons.

4. Learned counsel for the petitioner submits that the FIR was registered against unknown. It was as a result of the antecedents of the petitioner that he was falsely implicated in

Patna High Court CR. MISC. No.5022 of 2024(2) dt.07-02-2024 2/2 the case in course of investigation. No incriminating article has been recovered from the petitioner's possession. He is in custody since 5.8.2023 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the material that has transpired in course of investigation as is evident from the order of the learned trial Court, no incriminating article having been recovered from the petitioner's possession who is in custody for more than 6 months since 5.8.2023 and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with M.M.C.H. P.S. Case no.297 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Gaya.

(Partha Sarthy, J) avinash/- U T