Bhutan Kushwaha @ Jay Prakash Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30547 of 2021 Arising Out of PS. Case No.-27 Year-2021 Thana- BAGHA District- West Champaran ====================================================== BHUTAN KUSHWAHA @ JAY PRAKASH KUSHWAHA Son of Raghunath Kushwaha Resident of Village - Gandhi Nagar, Bagicha Tola, P.S.- Bagaha, Distt.- 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.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-12-2021 Heard the learned counsel for the petitioner the learned APP for the State.

The petitioner seeks regular bail in connection with Bagaha PS case no. 27 of 2021 instituted for the offences punishable under Sections 413, 414 of Indian Penal Code. The allegation is regarding recovery of stolen motorcycle from the house of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 18.01.2021. The learned counsel for the petitioner has referred to paragraph no. 5 of the present petition to submit that the petitioner purchased the motorcycle from one unknown

Patna High Court CR. MISC. No.30547 of 2021(2) dt.09-12-2021 2/2 person, however the said person had subsequently failed to get the vehicle transferred in the name of the petitioner despite his assurance to do so.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also the period of incarceration of the petitioner herein, I deem it fit and proper to admit the petitioner to the privilege of bail, accordingly the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of A.C.J.M. 1st , Bagaha, West Champaran in connection with Bagaha PS case no. 27 of 2021.

(Mohit Kumar Shah, J) rinkee/- U T