Patna High CourtCR. MISC./5367/2024bail granted

Pawan Kumar v. The State Of Bihar

2024-02-13Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5367 of 2024 Arising Out of PS. Case No.-452 Year-2023 Thana- DUMRA District- Sitamarhi ====================================================== Pawan Kumar, aged about 25 years, Male Son of Nageshwar Thakur (Nageshver Thakur) Resident of Village-Majhauliya Chakka Ward No. 4 P.S.- Dumra District-Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Dumra PS Case No. 452 of 2023 instituted for the offences punishable under Sections 379 and 411 of the Indian Penal Code.

3. As per the prosecution case, the allegation is of stolen motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case on the basis of suspicion. From perusal of the case diary, FIR, seizure list and the bail rejection order of the learned Additional Sessions Judge-XV,

Patna High Court CR. MISC. No.5367 of 2024(2) dt.13-02-2024 2/2 Sitamarhi dated 21.12.2023, it appears that no recovery has been made from the possession of the petitioner and the motorcycle has been recovered from Bishwanathpur Chowk. Petitioner is in custody since 21.09.2023.

5. Learned APP opposes the prayer for bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Dumra PS Case No. 452 of 2023.

7. However, the trial Court is directed to conclude the proceeding of framing of charge according to law within a period of one month from the date of receipt of this order. (Ramesh Chand Malviya, J) Anand Kr.

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