Rishi Kumar @ Malku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14393 of 2023 Arising Out of PS. Case No.-492 Year-2022 Thana- MADHAURAH District- Saran ====================================================== RISHI KUMAR @ MALKU SON OF DHARMNATH SAH R/O VILLAGEMARHAURA KHURD, P.S.- MARHAURA, DISTRICT- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Marhaura P.S. Case No. 492 of 2022, registered for the offences punishable under Sections 467, 468, 471, 420, 411, 414/34 of Indian Penal Code.

The learned counsel for the petitioner has submitted that, though there is allegation in the FIR that the accused persons were involved in changing parts of the stolen motorcycles and selling those motorcycles in market but, that allegation is against co-accused Vivek Kumar @ Chunnu Baba and not against the petitioner. He has submitted further that the owner of the premises was Vicky Kumar @ Chunnu Baba but he was not arrested at the spot. The petitioner was arrested at the spot but the motorcycles

Patna High Court CR. MISC. No.14393 of 2023(2) dt.19-05-2023 2/2 recovered from the place of occurrence were found to be either brother of the co-accused Vivek Kumar or his own. The petitioner is a person of clean antecedent and he is incarcerating since 03.08.2022.

Considering the above-mentioned facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st Class, Saran at Chapra in connection with Marhaura P.S. Case No. 492 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) The learned court below shall verify the criminal antecedent of the petitioner and if it is found that he is involved in any other case, his bail bond shall be cancelled.

(Nawneet Kumar Pandey, J) Sudha/Sonali U T