Shekhar Kumar @ Shekhar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8086 of 2023 Arising Out of PS. Case No.-386 Year-2022 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== SHEKHAR KUMAR @ SHEKHAR DAS SON OF BACHAN DAS R/O MOHALLA- KUTUBGANJ, P.S.- BABARGANJ, DISTRICTBHAGALPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Jha For the Opposite Party/s :
Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-05-2023 Heard the parties.
Petitioner seeks regular bail in connection with Mojahidpur (Babarganj) PS Case No. 386 / 2022 corresponding to G.R. No. 4721 of 2022 dated 12.10.2022 registered under Section 414 of the IPC.
As per the prosecution story Police on the basis of secret information that some miscreants were negotiating for sale of one stolen motorcycle proceeded towards the place of occurrence and upon seeing the Police party two persons started fleeing away, however, Police apprehended them and upon interrogation the co-accused / Vishal Kumar told the Police that
Patna High Court CR. MISC. No.8086 of 2023(2) dt.10-05-2023 2/3 petitioner had taken a loan of Rs. 5000/- from the co-accused and when the co-accused demanded the money back petitioner came with the stolen motorcycle and told the co-accused that if he would pay Rs. 5000/- extra the stolen motorcycle shall be given to him in lieu of the loan amount and the extra money. Learned counsel for the petitioner submits that petitioner has got no criminal antecedent and he has falsely been implicated in this case merely on the basis of statement made by the co-accused. He next submits that stolen motorcycle was parked near the road and same was was not recovered from conscious possession of the petitioner. The petitioner is in custody since 12.10.2022 having 19 years of age.
Regard being had to the submission made by the parties, taking into consideration the age of the petitioner, the fact that he has got no criminal antecedent, he is in custody since 12.10.2022 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner. Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Kavita Kumari, JM 1st Class, Bhagalpur in connection with Mojahidpur (Babarganj) PS Case No.
Patna High Court CR. MISC. No.8086 of 2023(2) dt.10-05-2023 3/3 2022 corresponding to G.R. No. 4721 / 2022.
(Anil Kumar Sinha, J) praful/- U T