Rajpal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26043 of 2024 Arising Out of PS. Case No.-485 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== Rajpal Kumar Son Of Shekhar Yadav Resident of village- shergarh ps- gogri district -khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Kumar Singh For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Parbatta (Maraiya) P.S Case No. 485 of 2023 registered for the offences punishable under Sections 414 / 34 of I.P.C.

3. As per prosecution case, one Tractor was recovered from the petitioner and on investigation petitioner did not produced its document.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is also submitted that petitioner is in judicial custody

Patna High Court CR. MISC. No.26043 of 2024(2) dt.26-04-2024 2/3 since 23.10.2023 and he has got no criminal antecedent.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order, seizure list, it appears that no independent witness of the seizure list, petitioner has purchased the alleged tractor from co-accused as submitted the learned counsel for the petitioner and also considering the aforesaid facts and all aspects of this case, circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, Khagaria in connection with Parbatta (Maraiya) P.S Case No. 485 of 2023.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the charge-

Patna High Court CR. MISC. No.26043 of 2024(2) dt.26-04-2024 3/3 sheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Mayank/- U T