Patna High CourtCR. MISC./25086/2023allowed

Abhishek Kumar v. The State Of Bihar

2023-05-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25086 of 2023 Arising Out of PS. Case No.-977 Year-2022 Thana- MOTIHARI TOWN District- East Champaran ====================================================== 1.

Abhishek Kumar Son Of Kailash Prasad R/V- Gujrauliya Ward No. 1, PsMalahi, Dist - East Champaran 2.

Pintu Kumar Son Of Laxmi Prasad R/V- Gujrauliya Ward No. 1, Ps- Malahi, Dist - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 414, 465, 468, 471, 483, 34 of the Indian Penal Code. As per FIR, the petitioners were apprehended on the spot and on search one motorcycle bearing Reg. No. B05K-714 was recovered from their possession. Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case merely on the

Patna High Court CR. MISC. No.25086 of 2023(2) dt.23-05-2023 2/2 basis of suspicion. The petitioners are no concern with the alleged recovery and the seizure list has not been prepared as per provision of u/s 100 of the Cr.P.C. It is further submitted that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 24.12.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Motihari Town P.S. Case No. 977 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari.

(Sunil Kumar Panwar, J) Amandeep/- U T