Motilal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14506 of 2024 Arising Out of PS. Case No.-227 Year-2023 Thana- DHANAHA District- West Champaran ====================================================== Motilal Kumar Son Of Late Shivshankar Mahato Resident Of Village - Gurauli, P.S. - Naurangiya, District - West Champaran. At Present Address - Resident Of Village - Harnatad, P.S. - Laukariya, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prerna Anand, Adv.

For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Laukariya P.S. Case No. 110 of 2023 instituted for the offences punishable under Sections 341, 323, 325, 307, 354, 332, 353, 504, 379 and 411 of the Indian Penal Code and Section 37 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, petitioner in drunken state has allegedly theft a bike near the Dhruv Netralaya and on searching by police, the theft bike has been recovered from the house of the petitioner. He has also allegedly assault with danda to lady constable and informant from which both have sustained

Patna High Court CR. MISC. No.14506 of 2024(2) dt.01-03-2024 2/2 injury.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of statement of villagers. The petitioner did not any assault or repeat the same to the police. He has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. From perusal of the F.I.R. and seizure list, it appears that one motorcycle has been recovered from the house of the petitioner in presence of petitioner and petitioner is in custody since 11.12.2023, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named 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 the learned Special Judge Excise, Bagaha, West Champaran in connection with Laukariya P.S. Case No.110 of 2023. (Ramesh Chand Malviya, J) lata/- U T