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Patna High CourtCR. MISC./12640/2023allowed

Lakhindra Pandit @ Lakhindra Padhit v. The State Of Bihar

2023-04-24Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12640 of 2023 Arising Out of PS. Case No.-206 Year-2022 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Lakhindra Pandit @ Lakhindra Padhit S/O Jaglal Pandhit @ Jagalal Pandit Resident Of Village- Singrahiya, P.S.- Ghorashahan, District- East Champaran.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore@ Kundan Kumar For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 379 of the Indian Penal Code and later on added Section 411 of Indian Penal Code.

It is a case of theft of informant's motorcycle, bearing Reg. No. BR-05U-3611, from the side of road. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.12640 of 2023(2) dt.24-04-2023 2/3 falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has any concern with the alleged recovery. It is further submitted that the said motorcycle was brought to his shop by one Gautam Pandit to repair. Moreover, the petitioner is languishing in judicial custody since 09.11.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. This case is triable by Judicial Magistrate.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Kundwachaipur P.S. Case No. 206 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.12640 of 2023(2) dt.24-04-2023 3/3 amount each to the satisfaction of the learned C.J.M., Motihari, East Champaran.

(Sunil Kumar Panwar, J) Nirajkrs/- U T