Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8797 of 2023 Arising Out of PS. Case No.-493 Year-2022 Thana- OBRA District- Aurangabad ====================================================== PAPPU KUMAR S/O Uday Ram R/O Village- Tejpura Lakh, P.S- Obra, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Leelawati Kumari For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 414 and 420 of the Indian Penal Code.

Prosecution case relates to recovery of a motorcycle from the house of the petitioner, which is said to be stolen property.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that as per impugned order paras-24 to 29 of case diary contains verification reports of seized motorcycle from the District Transport Officer, Aurangabad. As para-24 of the case diary an application was

Patna High Court CR. MISC. No.8797 of 2023(2) dt.03-05-2023 2/2 sent for verification of all five seized motorcycle but following paras of the case diary do not contain verification report pertaining to motorcycle, which has allegedly seized from the petitioner's house. The others co-accused have already been granted bail by this Bench vide order dated 17.04.2023 passed in Cr. Misc. No. 8720 of 2023. He further submitted that this case is triable by learned Judicial Magistrate. He is languishing in judicial custody since 04.12.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad(Bihar) in connection with Obra P.S. Case No. 493 of 2022.

(Sunil Kumar Panwar, J) arish/- U T