Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13426 of 2023 Arising Out of PS. Case No.-736 Year-2022 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Raj Kumar Son Of Ramchandra Pandit Resident Of Village - Madhubani, P.S.- Sahebganj, District - Muzaffarpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bal Govind Sharma For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 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, 411 of the Indian Penal Code.

The prosecution case in nutshell is that informant parked his motorcycle near Gayatri Temple and when he returned, he found his motorcycle missing. It is further alleged that during search, he saw that

Patna High Court CR. MISC. No.13426 of 2023(2) dt.05-05-2023 2/3 petitioner along with other co-accused persons were taking away the motorcycle of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to high handedness of police. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. This case in triable by judicial magistrate. Moreover, the petitioner is languishing in judicial custody since 03.10.2022.

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 Town P.S. Case No. 736 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten

Patna High Court CR. MISC. No.13426 of 2023(2) dt.05-05-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari.

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