Suraj Kumar @ Basu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37036 of 2024 Arising Out of PS. Case No.-92 Year-2024 Thana- BETTIAH CITY District- West Champaran ====================================================== Suraj Kumar @ Basu S/o Pyarelal Sah R/o vill - Balwa, Rampurwa, P.S. - Bairiya, Distt. - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sarvesh Kashyap, Advocate For the Opposite Party/s :
Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bettiah Town P.S. case No. 92 of 2024 instituted for the offences under Sections 413, 414, 420, 467, 468, 471, 34 of the Indian Penal Code.
3. Prosecution case, in short, is that one stolen motorcycle was recovered from this petitioner. It is further alleged that petitioner and other accused persons are involved sale and purchase of stolen motorcycle.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.37036 of 2024(2) dt.17-05-2024 2/3 petitioner has falsely been implicated in the present case. No incriminating/looted article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the stolen motorcycle. Learned counsel further submitted that, as a matter of fact, petitioner himself is the victim here as the co-accused Sunil Kumar has himself sold the said motorcycle to the petitioner with the false promise that the said motorcycle belongs to Sunil Kumar and that he will transfer the same to the petitioner. Learned counsel further submitted that allegation on petitioner that he is a member of gangs of thief is totally false and fabricated. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.02.2024 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 aforesaid facts and circumstances of the case as also 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
Patna High Court CR. MISC. No.37036 of 2024(2) dt.17-05-2024 3/3 below/concerned Court in connection with Bettiah Town P.S. case No. 92 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T