Patna High CourtCR. MISC./40585/2024bail granted

Suraj Kumar v. The State Of Bihar

2024-06-05Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40585 of 2024 Arising Out of PS. Case No.-52 Year-2024 Thana- FALKA District- Katihar ====================================================== SURAJ KUMAR, S/O LATE MANAK PASWAN, R/O VILLAGEDHOKWA, P.S- DHAMDAHA, DISTRICT- PURNEA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-06-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Falka P.S. Case no. 52 of 2024 registered under sections 379, 411 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that accused Rupesh Kumar was apprehended along with a motorcycle. On enquiry he disclosed the names of his associates as the petitioner herein and one another. On being asked he could not produce any documents/papers for the said motorcycle.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from the petitioner's

Patna High Court CR. MISC. No.40585 of 2024(2) dt.05-06-2024 2/2 possession. The only material against the petitioner is the statement of co-accused made before police. He is in custody since 27.2.2024 and has no criminal antecedent. Charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR, no incriminating article having been recovered from the petitioner's possession, his not having any criminal antecedent and the petitioner having remained in custody since 27.2.2024, the petitioner is directed to be enlarged on bail in connection with Falka P.S. Case no.52 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Katihar. (Partha Sarthy, J) avinash/- U T