Patna High CourtCR. MISC./15895/2024allowed

Laxman Kumar @ Lakshman Kumar v. The State Of Bihar

2024-03-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15895 of 2024 Arising Out of PS. Case No.-179 Year-2023 Thana- CHACKMEHSI District- Samastipur ====================================================== Laxman Kumar @ Lakshman Kumar Son Of Late Bhola Sharma Resident Of Village-Sahuri, P.S.-Chakmehsi, District-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brajesh Kumar Singh, Adv.

For the State :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 413, 414/34 of the Indian Penal Code.

3. As per FIR, there has been recovery of one stolen Apache motorcycle from the house of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. Petitioner was not apprehended on spot. The name of the petitioner has come into light on the basis of confessional statement of co-accused Dilip Kumar, which has got no evidentiary value in the eyes of law. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.15895 of 2024(2) dt.12-03-2024 2/2 possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 20.01.2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M.F.C.-Additional Munsif, Samastipur in connection with Chakmehsi P.S. Case No. 179 of 2023.

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