Rahul Kamti @ Rahul Kumar Kamti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38306 of 2023 Arising Out of PS. Case No.-1169 Year-2022 Thana- KHAJANCHI HAT District- Purnia ====================================================== RAHUL KAMTI @ RAHUL KUMAR KAMTI Son of Late Manoj Kamti Resident of village - Harda Bazar, P.S.- K. Hat (Maranga), Distt.- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== 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 section 379 of the Indian Penal Code.

As per allegation in the FIR, informant parked his motorcycle at gate no. 1 of court premises and after 15 minutes he found his motorcycle missing then an FIR was registered against unknown persons.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Neither the petitioner is named in the FIR not put on TIP. There is no eye witness of the alleged occurrence. Nothing has been recovered from his conscious possession. Provision of Section

Patna High Court CR. MISC. No.38306 of 2023(2) dt.14-07-2023 2/2 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. This case is triable by judicial magistrate. Petitioner was arrested in K.Hat PS Case No. 1173 and from there he has remanded in this case and since then he is in custody.

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, Purnea in connection with K. Hat P.S. Case No.1169 of 2022. (Sunil Kumar Panwar, J) sushma/- U