Saroj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6786 of 2024 Arising Out of PS. Case No.-287 Year-2023 Thana- HASPURA District- Aurangabad ====================================================== 1.

Saroj Kumar S/O Krishna Paswan Village- Koilva, Ps. Haspura, Dist. Aurangabad (Bihar).

2.

Ravis Kumar S/O Jai Govind Paswan Village- Koilva, Ps. Haspura, Dist. Aurangabad (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-02-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Haspura P.S. case No. 287 of 2023 instituted for the offences under Sections 379, 413 and 414/34 of the Indian Penal Code.

3. Prosecution story, in short, is that police apprehended the petitioners with a stolen motorcycle.

4. Learned counsel for the petitioners submitted that petitioners have falsely been implicated in the present case only

Patna High Court CR. MISC. No.6786 of 2024(2) dt.17-02-2024 2/3 on the basis of suspicion. Learned counsel further submitted that motorcycle which the petitioner no.1 was riding belongs to him and so far as stolen motorcycle is concern, petitioners have no concern with the same. It has been submitted on behalf of the petitioners that the petitioners are in custody since 31.10.2023 and have no criminal antecedent as stated in paragraph-3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case, clean criminal antecedent of the petitioner and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Haspura P.S. case No. 287 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners.

(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on

Patna High Court CR. MISC. No.6786 of 2024(2) dt.17-02-2024 3/3 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

(Rudra Prakash Mishra, J) Alok Verma/- U T