Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27886 of 2024 Arising Out of PS. Case No.-758 Year-2023 Thana- RAMPUR District- Gaya ====================================================== 1.
Rajesh Kumar Son of Pintu Prasad Resident of Village- Sukha Bigha, Police Station- Wazirganj, District-Gaya 2.
Sonu Kumar Son of Ram Prasad Das Resident of Village- Kendua, P.S.- Magadh Medical, District-Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Braj Nandan Kumar Tiwary For the Opposite Party/s :
Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-04-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Rampur P.S. Case No. 758 of 2023 instituted for the offences under Sections 414, 420, 467, 468/34 of the Indian Penal Code.
3. The allegation against the petitioners is that from their possession two stolen motorcycles have been recovered.
4. Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. The petitioners have no concern from the seized motorcycles and they have been wrongly implicated by the police on the basis of suspicion and nothing have been found or
Patna High Court CR. MISC. No.27886 of 2024(2) dt.18-04-2024 2/3 recovered from the conscious possession of the petitioners. He further submitted that the petitioners are passer-by and at the time of alleged occurrence, they were passing from the way where the alleged motorcycles have been seized and brought to the police station and these petitioners have been asked by the police to become as a seizure list witness but petitioners have refused to oblige them due to the arrogance of the petitioners have been wrongly and falsely been implicated by the police. Charge-sheet has been submitted in this case. The petitioner no. 1 is in custody since 02.01.2024 and petitioner no. 2 is in judicial custody since 18.12.2023 and have no criminal antecedent.
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 petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rampur P.S. Case No. 758 of 2023, Subject to following conditions:
Patna High Court CR. MISC. No.27886 of 2024(2) dt.18-04-2024 3/3 (i) One of the bailors shall be own/close member of the family of the petitioners.
(ii) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court will have liberty to cancel the bail bonds of the petitioners.
(Rudra Prakash Mishra, J) Arish/- U T