Rabish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24795 of 2022 Arising Out of PS. Case No.-137 Year-2021 Thana- NAGARNAUSA District- Nalanda ====================================================== RABISH KUMAR Son of Shnkar Prasad Resident of Village - Gaval Bigaha, P.s.- Hilsa, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad, Advocate For the Opposite Party/s :

Mr.Uday Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Nagarnausa P.S. Case No. 137 of 2021 registered for the offences punishable under Section 379 of the Indian Penal Code.

The allegation is regarding unknown miscreants having stolen the motorcycle of the informant, which is stated to have been subsequently recovered from the possession of the co-accused persons, namely, Nitish Kumar and Satyam Kumar.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.24795 of 2022(3) dt.19-01-2023 2/3 submitted that the petitioner is innocent, he has been falsely implicated in the present case and is languishing in custody since 04.10.2021. It is further submitted by the learned counsel for the petitioner that the petitioner is an accused in three other cases but he is on bail in all of them. The learned counsel for the petitioner has also submitted that neither any Test Identification Parade has been conducted so as to connect the petitioner with the alleged crime nor the stolen motorcycle has been recovered from the petitioner and the petitioner has been falsely roped in the present case only on account of his bad antecedent.

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 petitioner and taking into account the materials available on record as also considering the fact that neither any Test Identification Parade has

Patna High Court CR. MISC. No.24795 of 2022(3) dt.19-01-2023 3/3 been held nor the stolen motorcycle has been recovered from the possession of the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Hilsa, District-Nalanda in connection with Nagarnausa P.S. Case No. 137 of 2021.

(Mohit Kumar Shah, J) S.Sb/Saurav U T