Rajiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13688 of 2023 Arising Out of PS. Case No.-637 Year-2022 Thana- SURSAND District- Sitamarhi ====================================================== 1.

Rajiv Kumar Son Of Bechan Mahto Resident Of Village- Laptaha, Ward No.-14, P.S.- Parihar, District- Sitamarhi 2.

Sonu Kumar Son Of Suresh Mahto Resident Of Village- Laptaha, Ward No.- 14, P.S.- Parihar, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 413, 414, 34 of the Indian Penal Code.

It is a case of recovery of stolen motorcycle, which was recovered from fish market situated at Sursand Mina Bazar. It is further alleged that petitioners were arrested on the spot when they were trying to break the lock of the motorcycle.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence.

Patna High Court CR. MISC. No.13688 of 2023(2) dt.05-05-2023 2/2 They have falsely been implicated in this case. The petitioners have no concern with the seized motorcycle nor any looted article has been recovered from their conscious possession. It is further submitted that the petitioners have got no criminal antecedent moreover, they are languishing in judicial custody since 06.12.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Sursand P.S. Case No. 637 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class Pupri at Sitamarhi.

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