Patna High CourtCR. MISC./30192/2024bail granted

Radheshyam Kumar v. The State Of Bihar

2024-04-22Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30192 of 2024 Arising Out of PS. Case No.-839 Year-2023 Thana- BARH District- Patna ====================================================== Radheshyam Kumar SON OF Sukhdev Mahto @ Sukhdev Prasad RESIDENT OF VILLAGE- RAILLI, PS - NTPC, DIST- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Barh P.S. Case No. 839 of 2023 instituted for the offences under Sections 379 and 414 of the Indian Penal Code.

3. As per prosecution case, there has been recovery of 10 piece of aluminium section pipe, 23 piece aluminium sheet and other articles from a Tempo as detailed in the seizure list.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner is neither the driver nor the owner of the seized tempo in question. No incriminating article has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.30192 of 2024(2) dt.22-04-2024 2/2 Charge-sheet has been submitted in this case. The provision of Section 100 of the Cr.P.C. has not been followed in this case, while preparing the seizure list. The petitioner is in custody since 01.01.2024 and has 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 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 Barh P.S. Case No. 839 of 2023.

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