Parveen Kumar @ Rocky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28983 of 2024 Arising Out of PS. Case No.-237 Year-2024 Thana- NAWADA District- Nawada ====================================================== Parveen Kumar @ Rocky Kumar Son of Sri Vijay Shankar Mandal Resident of Village- Bermi, Police Station- Nawada (Kadirganj), Dist.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan Prasad For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Nawada P.S. Case No. 237 of 2024 instituted for the offences under Section 379 of the Indian Penal Code and later on Section 414 of the IPC has been added.

3. As per prosecution case, some unknown persons has stolen the motorcycle of the informant, when it was parked in the market.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the

Patna High Court CR. MISC. No.28983 of 2024(2) dt.20-04-2024 2/3 petitioner has come into light merely on the basis of suspicion. The petitioner has got no concern with the alleged occurrence. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has not been put on Test Identification Parade to ascertain his participation in the alleged occurrence. The provision of Section 100 of the Cr.P.C. has not been followed in this case, while preparing the seizure list. Charge-sheet has been submitted in this case. The petitioner is in custody since 14.02.2024 and has three criminal antecedents in which he is all on bail.

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 petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nawada P.S. Case No. 237 of 2024, Subject to following conditions: (i) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.28983 of 2024(2) dt.20-04-2024 3/3 (ii) The petitioner 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 petitioner.

(Rudra Prakash Mishra, J) Arish/- U T