Patna High CourtCR. MISC./26070/2024allowed

Rohit Kumar v. The State Of Bihar

2024-04-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26070 of 2024 Arising Out of PS. Case No.-539 Year-2023 Thana- GOPALPUR District- Patna ====================================================== Rohit Kumar Son of Late Vijay Prasad @ Vijay Ram R/o Mohalla- Bari Patan Devi, P.S.- Alamganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 379 of the Indian Penal Code.

3. As per prosecution case, the motorcycle of the informant was stolen by some unknown miscreants which was parked near his house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The FIR has been lodged against unknown. His name was transpired during course of investigation. Nothing has been recovered from his conscious possession. It is also submitted that the stolen motorcycle of the informant has been recovered from Industrial

Patna High Court CR. MISC. No.26070 of 2024(2) dt.04-04-2024 2/2 Area, Hazipur in abandoned condition. The petitioner is languishing in judicial custody since 2.9.2023. Moreover, similarly situated co-accused namely, Satish Kumar has already been granted bail by this Court vide order dt. 14.3.2024 passed in Cr. Misc. No. 16320 of 2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gopalpur P.S. Case No. 539 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna. (Sunil Kumar Panwar, J) Amandeep/- U T