Govinda Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42505 of 2024 Arising Out of PS. Case No.-653 Year-2022 Thana- SONEPUR District- Saran ====================================================== Govinda Kumar son of Deo Shankar Roy Village- Sabbalpur Hasti Tola PsSonpur Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Kumar Ojha, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sonepur P.S. Case No. 653 of 2022 instituted for the offence under Section 379 of the Indian Penal Code.

3.

Prosecution case in short is that when the informant was returning from his motorcycle and in the meantime, he went to attend the call of nature, thereafter, some unknown miscreants have taken away the motorcycle of the informant. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20-01-2024. Petitioner

Patna High Court CR. MISC. No.42505 of 2024(2) dt.20-06-2024 2/3 bears thirteen criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Raushan Kumar. Nothing has been recovered from the possession of the petitioner. It is next submitted by the petitioner's counsel that petitioner was not put on T.I. Parade. It is lastly submitted that charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of petitioner's implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail, after framing of charge, if not already framed, 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 Sonepur P.S.

Patna High Court CR. MISC. No.42505 of 2024(2) dt.20-06-2024 3/3 Case No. 653 of 2022.

(Rudra Prakash Mishra, J) Raj Kishore/- U T