Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12782 of 2020 Arising Out of PS. Case No.-1298 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== RAHUL KUMAR, aged about 40 years (Male), Son of Bathu Mahto, Resident of Akharaghat, Gaytri Mandir, Nazirpur (Inside the Fakira Lodge), P.S.- Ahiyapur, District - Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Raju Kumar Goswami and Mr. Pawan Kumar Singh, Advocates.

For the Opposite Party :

Mr.Kalyan Shankar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 413 and 414/34 of the IPC. The prosecution story, in brief, is that two accused persons were intercepted by the informant of the case when he performing vehicle checking. From the joint possession of both accused, stolen vehicle and one master key for opening the lock of motorcycle was seized.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 30.10.2019. The petitioner has got no criminal antecedent. He has falsely been implicated in the present case. Charge sheet has been submitted

Patna High Court CR. MISC. No.12782 of 2020(2) dt.05-03-2020 2/2 in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner had no knowledge that the Motorcycle in question is a stolen property. He has been made accused in the present case due to mistake of fact. The allegation made in the F.I.R. is denied by the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 C.J.M., Muzaffarpur, in connection with Ahiyapur P.S. Case No. 1298 of 2019.

(Sudhir Singh, J) U.K./- U T