Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17426 of 2023 Arising Out of PS. Case No.-41 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== AKASH KUMAR S/O MUKESH KUMAR RESIDENT OF VILLAGECHANDI ,P.S- ARIYARI , DISTRICT- SHEIKHPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Nandan Prasad For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 379, 414 of the Indian Penal Code.

As per FIR, prosecution case relates to recovery of stolen motorcycle bearing Registration no. BR21T-5006 from possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has falsely been implicated in this case on the basis of suspicion. It is further submitted vide para 11 of the petition that the petitioner purchased the aforesaid motorcycle for Rs. 50,000/- out of which he paid Rs. 20,000/- to the vehicle owner

Patna High Court CR. MISC. No.17426 of 2023(2) dt.12-05-2023 2/2 namely, Rudel Kumar but the ownership paper has not been transferred from Rudel Kumar to this petitioner due to remaining amount has not been paid. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 28.1.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

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 released on bail in connection with Sheikhpura P.S. Case No. 41 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Chief Judicial Magistrate, Sheikhpura.

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