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Patna High CourtCR. MISC./18384/2023allowed

Gopi Yadav v. The State Of Bihar

2023-05-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18384 of 2023 Arising Out of PS. Case No.-621 Year-2022 Thana- RAMNAGAR District- West Champaran ====================================================== Gopi Yadav Son Of Kolai Yadav Resident Of Village - Murila, Nepali Tola, P.S. - Ram Nagar, Dist. - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 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 414, 419, 420, 468 of the Indian Penal Code.

As per prosecution case, while the informant was investigating of Ramnagar P.S. case No. 266 of 2022, it came to light that the engine and Chesis number of the motorcycle which was recovered, bearing Reg. No. BR22AM-5023 was tampered. Engine and Chesis number of another motorcycle was installed in the aforesaid motorcycle which was verified from D.T.O. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted vide

Patna High Court CR. MISC. No.18384 of 2023(2) dt.17-05-2023 2/2 para-8 & 9 of the petition that the petitioner denies from such allegation made in the FIR. He stated that the said motorcycle was registered in his name as per record of D.T.O office, hence, section 414 of I.P.C will not attract. During investigation, no consistent material has come against the petitioner which suggests his complicity in present case. It is further submitted that the petitioner is languishing in judicial custody since 1.1.2023.

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 Ramnagar P.S. Case No. 621 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Bagaha, West Champaran.

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