Patna High CourtCR. MISC./9631/2024bail granted

Umesh Das v. The State Of Bihar

2024-02-22Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9631 of 2024 Arising Out of PS. Case No.-194 Year-2023 Thana- CHANDAN District- Banka ====================================================== Umesh Das S/O- Dahru Das R/O- Narhibari, P.S.- Chandan, Dist.- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Chandan P.S. Case no. 194 of 2023 registered under section 392 of the Indian Penal Code.

3. As per the prosecution case, the informant states that he was forcibly stopped, assaulted with the stick and thereafter the accused persons took away his motorcycle. He claims that he can identify the accused on seeing him again. It is further stated by the informant that on inquiry by the villagers, it transpired that the petitioner is involved in the occurrence.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case at the instance of the so-called villagers who are on inimical terms with him.

Patna High Court CR. MISC. No.9631 of 2024(2) dt.22-02-2024 2/2 Referring to the order of the learned trial Court it is submitted that the motorcycle was not recovered from possession of the petitioner but was recovered from near the forest. The petitioner is in custody since 6.12.2023 and he has not been put on T.I parade. He undertakes to cooperate in the trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the F.I.R, the motorcycle in question not having been recovered from petitioner's possession and his being in custody since 6.12.2023, the petitioner is directed to be enlarged on bail in connection with Chandan P.S. Case no. 194 of 2023, 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 Chief Judicial Magistrate, Banka.

(Partha Sarthy, J) Harsh/- U T