Rajesh Kumar @ Latra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12031 of 2024 Arising Out of PS. Case No.-559 Year-2023 Thana- NATHNAGAR District- Bhagalpur ====================================================== Rajesh Kumar @ Latra S/o Naresh Mandal R/o Vill. - Nayatola Sahpur, P.S. - Nathnagar, Dist. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Rajive Ranjan Singh, Advocate For the State :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Nathnagar (Madhusudanpur) P.S. Case No. 559 of 2023 instituted for the offence under Section 379 of the Indian Penal Code.

3.

Prosecution case in a nutshell is that informant's motorcycle was stolen by unknown miscreants when he parked his motorcycle at Purani Sarai Kachahri.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14-07-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.12031 of 2024(2) dt.27-02-2024 2/2 counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has surfaced in this case due to confessional statement of coaccused, namely, Ankit Kumar, and the same has no evidentiary value. Other co-accused has been allowed bail by a Co-ordinate Bench of this Court vide order dated 20-12-2023, passed in Cr. Misc. No. 82657 of 2023. Charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

Let the 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 Court below/concerned Court in connection with Nathnagar (Madhusudanpur) P.S. Case No. 559 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T