Patna High CourtCR. MISC./10542/2024bail granted

Bambam Kumar v. The State Of Bihar

2024-04-16Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10542 of 2024 Arising Out of PS. Case No.-61 Year-2023 Thana- BITHAN District- Samastipur ====================================================== Bambam Kumar Son of Binod Kumar @ Binod Mahto Resident of VillageTelni, P.S.- Bithan, Dist.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha, Adv.

Mr. Shishir Kumar Shishir, Adv.

For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Bithan P.S. Case No.61 of 2023 lodged under Sections 379 and 411 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against the petitioner against whom there is allegation of theft of motorcycle of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that though the petitioner's name has figured in the F.I.R. and police has shown the recovery of motorcycle from his possession.

5. Counsel further submits that the petitioner is in custody since 03.07.2023 and his antecedent is not clean. He

Patna High Court CR. MISC. No.10542 of 2024(3) dt.16-04-2024 2/2 submits that as per the information, there is complaint case and police case against the petitioner and in police case, he is on bail and in complaint case, cognizance has not taken place and running at the enquiry stage.

6. Counsel further submits that the offence under which the petitioner has been charged, is magisterial triable in nature.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, two months after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned J.M., 1st Class, Rosera, Samastipur in connection with Bithan P.S. Case No.61 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T