Sikshar Kumar @ Shisar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16104 of 2023 Arising Out of PS. Case No.-585 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== SIKSHAR KUMAR @ SHISAR KUMAR S/O LATE LAL BABU RAY RESIDENT OF VILLAGE- Madhopur, P.S.- MANIYARI, DISTRICTMUZAFFARPUR ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 413, 414, 419, 420, 467, 468, 471/34 of the Indian Penal Code.
As per allegation in the FIR, FIR named accused persons are involved in theft of motorcycle and thereafter they used to change number plate, tamper with engine number as well as chasis number and after preparing false documents, they used to sell. Co-accused Vishal Kumar and Rajesh Kumar proceeded towards Hasan Chak, Bangra with stolen scooty and motorcycle for selling it. Both accused persons were apprehended on spot and on interrogation, they disclosed the
Patna High Court CR. MISC. No.16104 of 2023(3) dt.11-07-2023 2/3 name of other accused persons including the petitioner as of his associates.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Nothing has been recovered from his possession. His name has been appeared in confessional statement of apprehended accused persons namely, Vishal Kumar and Rajesh Kumar. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. It is further submitted that similarly situated other accused person has been enlarged on bail by another co-ordinate Bench of this Court vide order dated 24.09.2021 passed in Cr. Misc. No. 21679 of 2021. Petitioner is languishing in judicial custody since 8.12.2022. The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. 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 18th Additional Sessions Judge, Muzaffarpur in connection with
Patna High Court CR. MISC. No.16104 of 2023(3) dt.11-07-2023 3/3 Muzaffarpur Sadar PS Case No. 585 of 2020.
(Sunil Kumar Panwar, J) sushma/- U