Awadhesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26035 of 2021 Arising Out of PS. Case No.-17 Year-2021 Thana- MUFFASIL District- West Champaran ====================================================== Awadhesh Kumar S/o Shivlagan Ram R/o Maluka Tola, P.S.- Majhauliya, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-09-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 414 of the Indian Penal Code. Allegation against the petitioner is that he and another co-accused were apprehended with stolen motorcycle by the police.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.26035 of 2021(2) dt.08-09-2021 2/2 case. He submits that nothing has been recovered from the conscious possession of the petitioner. He submits that seizure list has not been supplied to the petitioner and from perusal of the seizure list it appears that it bears the signature of coaccused Deepak Kumar. There is violation of Section 100 of the Cr.P.C. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 05.01.2021. In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below/successor court where the case is pending in connection with Bettiah (Muffasil) Banuchhapar P.S. Case No. 17 of 2021. (Anjani Kumar Sharan, J) devendra/- U T