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Patna High CourtCR. MISC./7694/2023allowed

Ravi Kumar v. The State Of Bihar

2023-04-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7694 of 2023 Arising Out of PS. Case No.-572 Year-2022 Thana- GHORASAHAN District- East Champaran ====================================================== 1.

Ravi Kumar Son Of Nanhak Ram Resident Of Village - Bahuarawa, P.S.- Chiraiya, District - East Champaran At Motihari. 2.

Vivek Kumar Son Of Ramit Ram Resident Of Village - Bahuarawa, P.S.- Chiraiya, District - East Champaran At Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Radha Mohan Singh For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

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

It is a case of theft of Hero Honda Glamour motorcycle bearing Reg. No. BR05E-7206, which was stolen by unknown miscreants after breaking lock of informant's house.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. Petitioners are not named in the FIR and said motorcycle was purchased by

Patna High Court CR. MISC. No.7694 of 2023(2) dt.11-04-2023 2/2 petitioner no-1 from one Alok Kumar for which he has paid nine thousand from his pay phone and rest amount in cash. Petitioners have no knowledge that the purchased motorcycle is stolen article. They have got no criminal antecedent. It is further submitted that they are languishing in judicial custody since 25.10.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Ghodasahan P.S. Case No. 572 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each of them with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sikarhana at Dhaka, East Champaran. (Sunil Kumar Panwar, J) Manish/- U T