Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11058 of 2023 Arising Out of PS. Case No.-86 Year-2022 Thana- ARIYARI District- Sheikhpura ====================================================== ROHIT KUMAR Son of Gorelal Kewat @ Gorelal Kumar R/v- Dhadsi, P.S.- Ariyari (Kesar O.P.), District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad For the Opposite Party/s :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-05-2023 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 sections 414, 34 of the Indian Penal Code.

As per FIR, prosecution case relates to recovery of two motorcycles from house of co-accused namely, Bhola Kewat and the seized motorcycles are 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 only on the basis of secret information. Neither the petitioner has been apprehended on spot nor any stolen material has been recovered from his

Patna High Court CR. MISC. No.11058 of 2023(2) dt.04-05-2023 2/2 conscious possession. The alleged seized motorcycles have been recovered from possession of co-accused namely, Bhola kewat who is already getting the privilege of bail granted by a coordinate Bench of this court vide order dated 25.8.2022 passed in Cr. Misc. No. 31462 of 2022 hence, the case of this petitioner stands on similar footing of that of the co-accused. It is further submitted that the petitioner is languishing in judicial custody since 6.12.2022.

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 Ariyari (Kasar O.P) P.S. Case No. 86 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 A.C.J.M. 1st Classs, Sheikhpura. (Sunil Kumar Panwar, J) Amandeep/- U T