Rohit Kumar @ Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34776 of 2023 Arising Out of PS. Case No.-409 Year-2022 Thana- RAJAOLI District- Nawada ====================================================== Rohit Kumar @ Golu Kumar, aged about 22 years, Sex-Male, Son of Rajesh Sao Resident of village - Upartand Mahsai, P.S. - Rajauli, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Advocate For the State :

Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Rajauli P.S. Case No. 409 of 2022 dated 06.08.2022 registered for the offence punishable under Section 414 of the Indian Penal Code. As per FIR, prosecution case relates to recovery of one motorcycle bearing Registration no. JH-12J-3348 from house of co-accused persons which is alleged to be stolen property.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of his self confessional statement in other case. The petitioner has no concern with the alleged seized motorcycle or with co-accused

Patna High Court CR. MISC. No.34776 of 2023(2) dt.07-07-2023 2/2 persons and nothing incriminating article has been recovered from his conscious possession. The petitioner is in jail custody since 07.08.2022. Learned counsel further submits that similarly situated co-accused persons, namely, Kaushal Kumar, Pintu Prasad @ Pintu Kumar and Subodh Kumar have been granted bail by the co-ordinate Benches of this Court vide order dated 03.05.2023 in Cr. Misc. No. 9325 of 2023 and vide order dated 24.04.2023 in Cr. Misc. No. 12362 of 2023, respectively. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner and submits that petitioner has got three criminal antecedent.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, 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 the learned Additional Chief Judicial Magistrate-I, Nawadah in connection with Rajauli P.S. Case No. 409 of 2022.

(Sunil Dutta Mishra, J) P. Kumar U T