Rohit Kumar Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42282 of 2021 Arising Out of PS. Case No.-32 Year-2021 Thana- DEODHA District- Madhubani ====================================================== Rohit Kumar Roy S/O Pitamber Ray R/o village- Dhanga, Paschim Bari Tola, P.S.- Arrar, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-01-2022 Heard.

The petitioner seeks regular bail in connection with Dewdha P.S. Case No. 32 of 2021, corresponding to G.R. No. 623 of 2021, registered for the offence punishable under Section 414 of the Indian Penal Code. The allegation is regarding the petitioner having been apprehended by the police along with a motorcycle and upon enquiry, it transpired that the motorcycle was stolen one.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since

Patna High Court CR. MISC. No.42282 of 2021(2) dt.06-01-2022 2/3 03.04.2021. The learned counsel for the petitioner has referred to paragraph no. 9 of the present petition to submit that he had bought the said motorcycle from Indu Sahni son of Titan Sahni, village Haripur, P.S. Kaluahi, District Madhubani for a sum of Rs. 8,000/- (Rs. eight thousand), however, he was not having the knowledge that the said motorcycle is stolen one. Per contra, the learned APP appearing for the State has vehemently opposed the prayer for regular bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, apart from the fact that he is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Madhubani in connection with Dewdha P.S. Case No. 32 of 2021, corresponding to

Patna High Court CR. MISC. No.42282 of 2021(2) dt.06-01-2022 3/3 G.R. No. 623 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U T