Deepak Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.1156 of 2018 (2) dt.10-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1156 of 2018 Arising Out of PS.Case No. -424 Year- 2017 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ====================================================== Deepak Kumar Son of Bhagya Narayan Sahni, Resident of VillageRamnath Dhamauli Tole Chandrabhan, Police Station-Kanti, DistrictMuzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mani Bhushan Kumar For the Opposite Party/s : Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Kanti P.S. Case No. 424 of 2017 registered under Sections 413 and 414 of the Indian Penal Code.

The petitioner is said to have been apprehended with the stolen motorcycle in the course of proceeding to sell it out along with two other accused persons.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious possession of the petitioner. As a matter of fact, the aforesaid motorcycle was recovered in front of the Motipur Circle Office

Patna High Court Cr.Misc. No.1156 of 2018 (2) dt.10-01-2018 located at NH-28 and as the petitioner was passing through the aforesaid place at that time he has falsely been implicated in the case by the police merely on suspicion. The petitioner happens to be student of intermediate. There is no other incriminating article against the petitioner indicating his complicity in the occurrence. The petitioner has been languishing in custody since 16.10.2017. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Muzaffarpur, West in connection with Kanti P.S. Case No. 424 of 2017. (Prakash Chandra Jaiswal, J) rohit/- U T