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Patna High CourtCR. MISC./43496/2023allowed

Jitendra Kumar v. The State Of Bihar

2023-09-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43496 of 2023 Arising Out of PS. Case No.-777 Year-2021 Thana- DANAPUR District- Patna ====================================================== Jitendra Kumar Son Of Surendra Roy Resident Of Village Gadipatti Ps Sonepur Distt Saran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandeshwar Prasad For the Opposite Party/s :

Mr.Kanhaiya Kishore (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-09-2023 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 sections 379, 411, 420, 464, 468, 471, 413 and 414 of the Indian Penal Code. As per allegation in the FIR, on 21.02.2021 informant had parked his Glamour Motorcycle in front of Mama Medicals in Danapur Bazar and went to purchase vegetables but when he returned, he found his motorcycle missing. Accordingly, in respect of theft of motorcycle the present case has been lodged against unknown.

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. Nothing has

Patna High Court CR. MISC. No.43496 of 2023(3) dt.06-09-2023 2/2 been recovered from his conscious possession. Petitioner is remanded in this case from another case i.e. Danapur PS Cae No. 932 of 2021. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 13.08.2022 passed in Cr. Misc. No. 47398 of 2022. Petitioner is languishing in judicial custody since 29.01.2022. 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 Additional District and Sessions Judge VI, Danapur in connection with Danapur PS Case No. 777 of 2021. (Sunil Kumar Panwar, J) sushma/- U