Kaushal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9325 of 2023 Arising Out of PS. Case No.-409 Year-2022 Thana- RAJAOLI District- Nawada ====================================================== KAUSHAL KUMAR Son of Lakhan Prasad Resident of Village- Nawabganj, P.S.- Sirdalla, District- Nawadah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar For the Opposite Party/s :

Mr. Bharat Lal ====================================================== 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 registered for the offence punishable under section 414 of the Indian Penal Code.

As per FIR, prosecution case relates to recovery of one motorcycle bearing Registration no. JH-12J-3348 from house of co-accused persons which is alleged to be stolen property.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of his self confessional statement in other case. The petitioner has no concern with the alleged seized motorcycle or with co-accused

Patna High Court CR. MISC. No.9325 of 2023(2) dt.03-05-2023 2/2 persons and nothing incriminating article has been recovered from his conscious possession which shows his complicity in the alleged offence. The petitioner has been remanded in this case from Sirdalla P.S. Case No. 465 of 2022 on 18.10.2022 and since then, he is languishing in judicial custody. Moreover, similarly situated co-accused persons have already been granted bail by this Court vide order 24.4.2023 passed in Cr. Misc. No. 12362 of 2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rajauli P.S. Case No. 409 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-I, Nawada. (Sunil Kumar Panwar, J) Amandeep/- U T