Patna High CourtCR. MISC./9440/2024allowed

Amit Kumar Chouhan @ Amit Chouhan v. The State Of Bihar

2024-02-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9440 of 2024 Arising Out of PS. Case No.-67 Year-2023 Thana- KISHANGANJ District- Kishanganj ====================================================== Amit Kumar Chouhan @ Amit Chouhan S/O LATE RAMU CHOUHAN @ RAMU CHAUHAN VILLAGE- MOTIBAGH, NEAR SARSWATI MANDIR, PS. KISHANGANJ, DIST. KISHANGANJ.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 379 of the Indian Penal Code.

3. As per prosecution case, the informant alleged that his motorcycle bearing registration no. BR27L-2994 was theft by unknown miscreant which was parked at his premises of house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. He was arrested on the basis of suspicion from whose possession, one motorcycle was

Patna High Court CR. MISC. No.9440 of 2024(2) dt.20-02-2024 2/2 recovered. As alleged stolen motorcycle of the informant was not recovered from possession of this petitioner. It is further submitted that the petitioner is languishing in judicial custody since 17.2.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge, if not framed, in connection with Kishanganj P.S. Case No. 67 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj.

(Sunil Kumar Panwar, J) Amandeep/- U T