Subodh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19564 of 2023 Arising Out of PS. Case No.-441 Year-2021 Thana- KESARIA District- East Champaran ====================================================== Subodh Kumar, Gender-Male, Aged about 26 years, Son Of Bhagrit Ray Resident of Village - Sundrapur Pashchimi, P.S. - Kesariya, Dist. - East Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Rahul Singh, Advocate For the Opposite Party :
Ms. Pushpa Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Kesariya P.S. Case No. 441 of 2021 dated 05.12.2021, instituted for the offence punishable under Sections 411, 413, 414, 420, 467 and 468 of the Indian Penal Code.
3. Allegation against the petitioner and other coaccused is of stealing the motorcycles. Four motorcycles were also seized by the police personnel.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that his name transpired in this case only on the basis of the confessional statement of co-accused,
Patna High Court CR. MISC. No.19564 of 2023(2) dt.17-05-2023 2/2 namely, Munchun Kumar. Nothing has been recovered from the conscious possession of the petitioner. It is also submitted that the co-accused, namely, Munchun Kumar, who has been arrested from the spot, has already been granted bail by the lower court itself. Lastly, it has been submitted that the petitioner is in custody since 07.01.2023 having no criminal antecedents and charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in Kesariya P.S. Case No. 441 of 2021.
(Khatim Reza, J) Gaurav Kumar/- U T