Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38135 of 2023 Arising Out of PS. Case No.-82 Year-2023 Thana- MUFFASIL District- Aurangabad ====================================================== RAHUL KUMAR Son of Subodh Kumar @ Subodh Ram Resident of village - Shekhpura, P.S. - Muffasil, Distt. - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukul Kumari For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 414/34 of the Indian Penal Code.

As per allegation in the FIR, it is a case of recovery of stolen motorcycle from possession of Rakesh Kumar. He disclosed that he had purchased it from co-accused Nitish Kumar and Akash Kumar of which petitioner was mediator of the deal of selling and purchasing.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner was not arrested on spot. Nothing has been recovered from conscious possession of the petitioner. His name transpired in

Patna High Court CR. MISC. No.38135 of 2023(2) dt.14-07-2023 2/2 confessional statement of co-accused Rakesh Kumar. Petitioner has remanded in this case from Rafiganj PS Case No. 104 of 2023. Petitioner is languishing in judicial custody since 27.3.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Aurangabad in connection with Muffasil P.S. Case No. 82 of 2023.

(Sunil Kumar Panwar, J) sushma/- U