Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10002 of 2024 Arising Out of PS. Case No.-474 Year-2023 Thana- SHRIKRISHNAPURI District- Patna ====================================================== SUMIT KUMAR S/O HARE KRISHNA RAM R/O VILLAGECHANDMARI ROAD AZAD PATH, GALI NO. 4, P.S- KANKARBAGH, DISTT.- PATNA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Sinha, Advocate Mr. Raj Bansh Dubey, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Shree Krishanapuri P.S Case no.474 of 2023 registered under sections 413, 414 and 34 of the Indian Penal Code.

3. As per the prosecution case, a stolen scooty was recovered from the possession of co-accused Aman Kumar. On inquiry, he did not produce any documents with respect to the same and further on interrogation disclosed that he had given the stolen vehicles to the petitioner and one Azad Rajak for

Patna High Court CR. MISC. No.10002 of 2024(2) dt.22-02-2024 2/3 selling the same. On the petitioner being caught and on inquiry being done, it is stated that he disclosed that the stolen motorcycle was with Azad Rajak. A raid was conducted and the stolen motorcycle was recovered from the possession of Azad Rajak.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession. The only material against him is the statement of a co-accused made before police not leading to any recovery from the petitioner. He is in custody since 2.11.2023 and charge-sheet has been submitted in the case. He has no criminal antecedent.

5. The prayer for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, no incriminating article having been recovered from the petitioner's possession, his having remained in custody for more than 3 months since 2.11.2023, the petitioner not having any criminal antecedent and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Shree Krishanapuri P.S Case no.474 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.10002 of 2024(2) dt.22-02-2024 3/3 sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Patna.

(Partha Sarthy, J) Shiv/- U T