Bhola Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17516 of 2021 Arising Out of PS. Case No.-258 Year-2020 Thana- BEUR District- Patna ====================================================== BHOLA KUMAR SON OF SURAJ SINGH R/O - VISHUNPUR PAKARI, P.S.- BEUR, DISTRICT- PATNA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Usha Kumari Singh, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 414 and 34 of the Indian Penal Code.

As per allegations in the FIR, while two accused persons were caught with a stolen motorcycle, it is stated that the 3rd accused managed to escape. The accused who were caught disclosed that the person who managed to escape was the petitioner.

It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. He has been falsely implicated in the case. The only material

Patna High Court CR. MISC. No.17516 of 2021(2) dt.04-09-2021 2/2 against him is the confessional statement of a co-accused made before police. The petitioner is in custody since 13.12.2020 and investigation in the case has concluded.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for over eight months and investigation in the case having concluded, the Court directs the petitioner to be enlarged on bail in connection with Beur P.S case no.258 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate III, Patna.

(Partha Sarthy, J) Prakash/- U