Patna High CourtCR. MISC./7276/2024bail granted

Bonga @ Rupesh Kumar v. The State Of Bihar

2024-02-20Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7276 of 2024 Arising Out of PS. Case No.-670 Year-2023 Thana- NATHNAGAR District- Bhagalpur ====================================================== Bonga @ Rupesh Kumar S/o Sri Karamchari Mahto @ Srikant Mahto R/o Village - Sahebganj, Dildarpura, Bind Tola, P.S. - Nathanagar (Lalmatiya), Dist. - Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vivekanand Vivek, Advocate.

For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Nathnagar (Lalmatiya) P.S Case No. 670 of 2023 registered for the offences punishable under Section 414 of the I.P.C.

3. As per allegation in the FIR, one stolen motorcycle bearing Registration No. BR-27C-6167 was recovered from the house of the co-accused Manish Kumar and he was apprehended on spot. He further disclosed that he had purchased the said theft bike from the Bonga (petitioner)

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.7276 of 2024(2) dt.20-02-2024 2/2 petitioner has falsely been implicated in this case. He further submits that the petitioner is neither named in the F.I.R. nor apprehended on the spot. It is next submitted that the recovery is made from the house of the Manish Kumar. It is also submitted that petitioner is in judicial custody since 12.09.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Nathnagar (Lalmatiya) P.S Case No. 670 of 2023.

(Ramesh Chand Malviya, J) Nilmani/- U T