Rajesh Kumar @ Bantha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21679 of 2021 Arising Out of PS. Case No.-585 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== RAJESH KUMAR @ BANTHA S/o Ganesh Ray Resident of VillageVishunpur Gidha, P.S.- Maniyari, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar @ S.K., Adv.
For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-09-2021 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred the instant application for grant of regular bail in a case registered under sections 413, 414, 419, 420, 467, 468, 471 and 34 of the Indian Penal Code. As per the prosecution case, on information having been received that the accused persons including the petitioner herein as also one Vishal Kumar are involved in the sale of stolen motorcycle etc., a checking was started. Soon thereafter the accused reached near the police personnel and made an attempt to escape. The petitioner and accused Vishal Kumar were taken into custody. They could not produce documents for the vehicles. A mobile phone was recovered from the possession
Patna High Court CR. MISC. No.21679 of 2021(2) dt.24-09-2021 2/2 of the petitioner .
It is submitted by learned counsel for the petitioner that the allegations as levelled against the petitioner are false and incorrect. No incriminating article has been recovered from the person or possession of the petitioner. He is in custody since 21.8.2020 and has no criminal antecedent. His case stands on a similar footing to that of co-accused Vishal Kumar who has been enlarged on bail vide order dated 21.8.2021 passed in Cr. Misc. no.22707 of 2021. Chargesheet has been submitted in the case.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case together with the petitioner not having any criminal antecedent and grant of bail to coaccused, this Court directs the petitioner to be enlarged on bail in connection with Sadar P.S. Case no. 585 of 2020 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 Chief Judicial Magistrate, Muzaffarpur.
Bibhash (Partha Sarthy, J) U