Patna High CourtCR. MISC./14437/2024bail granted

Amit Rai @ Amit Kumar v. The State Of Bihar

2024-03-11Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14437 of 2024 Arising Out of PS. Case No.-322 Year-2023 Thana- PARIHAR District- Sitamarhi ====================================================== Amit Rai @ Amit Kumar S/O Jaynarayan Rai R/O Village- Demhua, Ward No. 13, P.S.- Parihar, Dist.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Parihar P.S. case No. 322 of 2023 instituted for the offences under Sections 414/34 of the Indian Penal Code.

3. Prosecution case, in short, is that police, on the basis of secret information, raided the house of the petitioner and recovered one stolen motorcycle from the house of the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case merely on the basis of suspicion. Learned counsel further submitted that the co-accused Raju Kumar had parked the motorcycle in the

Patna High Court CR. MISC. No.14437 of 2024(2) dt.11-03-2024 2/2 house of this petitioner and the petitioner was unaware of the fact that the said motorcycle was stolen one. Petitioner has got no concern with the recovered motorcycle. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.11.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Parihar P.S. case No. 322 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T