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Patna High CourtCR. MISC./26600/2023allowed

Rajesh 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.26600 of 2023 Arising Out of PS. Case No.-270 Year-2022 Thana- JAHANABAD District- Jehanabad ====================================================== RAJESH KUMAR Son of Jagdish Yadav Resident of village - Buxar, Tola - Janai Bigha, P.S.- Bandeya, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manisha Prakash For the Opposite Party/s :

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

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

Prosecution case relates to theft of informant's motorcycle while he has parked it outside the house of Rama Kant Sharma.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Neither the petitioner is named in the FIR not put on TIP. There is no eye witness of the alleged occurrence. Nothing has been recovered from his conscious possession rather the theft motorcycle has been recovered from the possession of Sanjay

Patna High Court CR. MISC. No.26600 of 2023(2) dt.23-05-2023 2/2 Yadav, who has already been granted bail by another co-ordinate of this Court vide order dated 25.2.2023 passed in Cr. Misc. No. 66782 of 2022. Petitioner is languishing in judicial custody since 30.11.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Jehanabad in connection with Jehanabad P.S. Case No. 270 of 2022.

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