Abhinash Kumar @ Mitthu @ Avinash Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15094 of 2021 Arising Out of PS. Case No.-604 Year-2020 Thana- KORHA District- Katihar ====================================================== ABHINASH KUMAR @ MITTHU @ AVINASH KUMAR GUPTA Son of Parmanand Gupta, Resident of Village- Maheshpur, P.S.- Korha, DistrictKatihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Mahesh Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 414 of the Indian Penal Code.

Prosecution case in brief is that as per FIR, the informant alongwith other armed forces were in evening patrolling duty then informant received secret information that one person having stolen motorcycle standing near Gerabani Petrol Pump at N.H.-31. Thereafter, the police party reached and

Patna High Court CR. MISC. No.15094 of 2021(2) dt.04-03-2021 2/2 saw that one miscreant was trying to flee away but after chase, petitioner was arrested by the police with motorcycle. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. While there is recovery of one stolen motorcycle from the conscious possession of the petitioner but the same has been purchased by another person. The petitioner is languishing in judicial custody since 25.12.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition.

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

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Korha P.S. Case No. 604/2020 to the satisfaction of the learned Chief Judicial Magistrate, Katihar. (Anjani Kumar Sharan, J) amitkumar/- U T