Patna High CourtCR. MISC./11054/2024bail granted

Prince Kumar v. The State Of Bihar

2024-02-27Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11054 of 2024 Arising Out of PS. Case No.-619 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== Prince Kumar SON OF Ram Jatan Singh RESIDENT OF VILLAGEHUSEPUR, PS- BALIGAON, DISTT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Samir Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh, 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 Tajpur P.S. case No. 619 of 2023 instituted for the offences under Sections 414, 419, 420, 467, 468, 34 of the Indian Penal Code.

3. Prosecution case, in short, is that the police arrested two accused persons with stolen motorcycle who were trying to sell and they stated that petitioner had given the motorcycle to sell.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. The petitioner has not been apprehended on spot. No incriminating material has been recovered from the conscious possession of

Patna High Court CR. MISC. No.11054 of 2024(2) dt.27-02-2024 2/2 the petitioner. The petitioner is in custody since 21.11.2023 and has two criminal antecedents. The name of the petitioner has transpired merely on the basis of suspicion. Co-accused has been granted bail by a Coordinate Bench of this Court vide order dated 20.02.2024 passed in Cr. Misc. No. 9416 of 2023.

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

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

7. Let the petitioner be released on bail after framing of charge, if not already framed, yon 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 Tajpur P.S. case No. 619 of 2023. (Rudra Prakash Mishra, J) Pankaj/- U T