Adarsh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11378 of 2018 Arising Out of PS.Case No. -843 Year- 2017 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Adarsh Kumar S/o Radhalal Sah, R/o Village- Bijulpur, P.S.- Turkauliya, Distt.- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Pandey For the Opposite Party/s : Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 30-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Motihari Town P.S. Case No. 843 of 2017 for offences punishable under Sections 411, 379/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that while he had parked his motorcycle near the gate of Nagar Bhawan for watching Motihari Mahotsav, one miscreant started fleeing away with this motorcycle, who was apprehended and disclosed his name as Shiv Prakash.
Patna High Court Cr.Misc. No.11378 of 2018 (3) dt.30-03-2018 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information Report and his name surfaced on the confessional statement of one Ratnesh Kumar, who was named by the apprehended co-accused Shiv Prakash. He submits that other person named by Ratnesh Kumar has been granted privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 8196 of 2018 vide order dated 09.02.2018. He further submits that nothing has been recovered from his possession except a key and that he was not even present at the place of occurrence. It is further submitted that charge-sheet has already been submitted and petitioner is languishing in judicial custody since 27.11.2017.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial
Patna High Court Cr.Misc. No.11378 of 2018 (3) dt.30-03-2018 3/3 Magistrate, East Champaran at Motihari, in connection with Motihari Town P.S. Case No. 843 of 2017. (Nilu Agrawal, J) Rajesh/- U T