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Patna High CourtCR. MISC./9416/2024allowed

Subodh Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9416 of 2024 Arising Out of PS. Case No.-619 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== SUBODH KUMAR S/O RAJARAM SINGH R/O- VILLAGE- HUSEPUR, P.S.- BALIGAUN, DIST.- VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== 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 sections 414, 420, 419, 467, 468, 34 of the Indian Penal Code.

3. As per prosecution case, allegation against the petitioner is of committing theft of motorcycle and after changing the number plate sold it. The petitioner was arrested from whose possession, one Honda CB Shine motorcycle along with mobile phones have been recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion. It is further submitted vide para 9 of the petition that the alleged

Patna High Court CR. MISC. No.9416 of 2024(2) dt.20-02-2024 2/2 sezied motorcycle was given by price kumar and said that this motorcycle is stolen by Ajay Kumar and Amit Kumar which is bought and sold by Ravi Shankar by changing the number plate. The petitioner has no concern with the stolen motorcycle. He has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 26.10.2023.

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 Tajpur P.S. Case No. 619 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 ACJM 1st Class, Samastipur. (Sunil Kumar Panwar, J) Amandeep/- U T