Piyush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11387 of 2024 Arising Out of PS. Case No.-644 Year-2023 Thana- PATNA CITY CHOWK District- Patna ====================================================== Piyush Kumar S/O Sunil Kumar Gupta R/O Chhoti Nagla, P.S- Malsalami, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Chowk P.S. Case No.644 of 2023 instituted for the offences punishable under Sections 379,411,34 of the IPC and 37 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that on 04.11.2023, when the informant reached near 'Ganga Babu Ki Theki' he saw that two motorcyclist are coming in a drunken condition. After interrogation, it was found that the motorcycle is stolen one and the registration paper is not in their name. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that petitioner has committed no offence and has falsely been implicated in the present case. The learned counsel next submits that there is no specific allegation against the petitioner and the

Patna High Court CR. MISC. No.11387 of 2024(2) dt.23-02-2024 2/2 petitioner has no concern with the recovered motorcycle. Further learned counsel for the petitioner submits that petitioner has four criminal antecedents, in which he is on bail and is in custody since 06.11.2023. Learned counsel for the petitioner submits that charge sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence. Lastly submits that one co-accused has already been granted bail by the learned court below.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Considering the entire facts and circumstance of the case and taking into account the period of custody of the petitioner as also one of the co-accused has been granted bail by the learned court below, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Chowk P.S. Case No.644 of 2023. (Rudra Prakash Mishra, J) Prakash Narayan U T