Prahalad Hari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27712 of 2024 Arising Out of PS. Case No.-471 Year-2023 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Prahalad Hari S/o Late Sukhdev Hari R/Vill.- Medical Quarter Jhoperpatti P.S.- Barari (Kotwali) Dist.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bhagalpur Kotwali P.S. Case No. 471 of 2023 instituted for the offences under Sections 379, 34, 279, 337, 338 of the Indian Penal Code.

3. As per prosecution case, the petitioner along with another co-accused has committed theft of the informant's motorcycle. It is further alleged that when the police party chased both the accused persons, petitioner fell down from the motorcycle and become injured whereas co-accused managed to escape with the stolen motorcycle.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.27712 of 2024(2) dt.18-04-2024 2/2 petitioner is innocent and has falsely been implicated in the present case. No incriminating/looted article has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged occurrence. On the basis of suspicion and due to his criminal antecedents, petitioner has been falsely implicated in the present case. Charge-sheet has been submitted in this case. The petitioner is in custody since 05.06.2023 and has seven criminal antecedents, in which he is all on bail.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail after framing of charge, if already not framed, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhagalpur Kotwali P.S. Case No. 471 of 2023. (Rudra Prakash Mishra, J) Arish/- U T