Pawan Kumar @ Bhola Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10754 of 2023 Arising Out of PS. Case No.-528 Year-2022 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Pawan Kumar @ Bhola Kumar S/O Late Baleshwar Ray Resident Of VillageDhane, P.S.- Goraul, District- Vaishali. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Bipin Chandra For the Opposite Party/s :
Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 413, 414/34 of the Indian Penal Code.
It is a case of recovery of two mobiles, which is alleged to be stolen article, from the possession of the petitioner and co-accused person.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to high handedness of police. It is stated in para 7 of the petition that the seized
Patna High Court CR. MISC. No.10754 of 2023(2) dt.20-04-2023 2/2 mobile belongs to the petitioner and he has original invoice of the said mobile. The petitioner has no concern with the other mobile which is alleged to be recovered from the petitioner. Moreover, the petitioner is languishing in judicial custody since 10.09.2022.
Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sadar P.S. Case No. 528 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Muzaffarpur East.
(Sunil Kumar Panwar, J) Nirajkrs/- U T