Patna High CourtCR. MISC./18951/2024bail granted

Rakesh Kumar v. The State Of Bihar

2024-03-15Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18951 of 2024 Arising Out of PS. Case No.-1157 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== Rakesh Kumar S/O Sakaldev Paswan @ Sakaldeo Paswan R/O VillageAropur (Fatehpur), P.S- Tankuppa, Distt.- Gaya (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sailesh Kumar, Advocate For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Gaya Muffasil P.S. case No. 1157 of 2023 instituted for the offences under Sections 401, 414, 34 of the Indian Penal Code.

3. Prosecution case, in short, is that police apprehended this petitioner with a stolen motorcycle.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that no incriminating article has been recovered from the conscious possession of the petitioner and police arrested this petitioner merely on suspicion. Learned counsel further submitted that petitioner has

Patna High Court CR. MISC. No.18951 of 2024(2) dt.15-03-2024 2/2 got no concern with the stolen motorcycle. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.11.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gaya Muffasil P.S. case No. 1157 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T