Patna High CourtCR. MISC./40267/2023bail granted

Dipu Kumar v. The State Of Bihar

2023-07-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40267 of 2023 Arising Out of PS. Case No.-43 Year-2023 Thana- BARABAR TOURIST District- Jehanabad ====================================================== Dipu Kumar Son Of Suresh Yadav Residents Of Village - Totawa Bigha (SULTANPUR) Police Station- Barabar Prayatak District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Barabar Prayatak P.S. Case No. 43 of 2023 dated 27.03.2023 registered for the offences u/ss 414 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused person were apprehended with a stolen motorcycle during patrolling of the police.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.40267 of 2023(2) dt.24-07-2023 2/2 that the petitioners is innocent and has falsely been implicated in this case. The petitioner has purchased the said motorcycle from another person and he has no knowledge that the said motorcycle is of stolen. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has got three other criminal cases which are related to Excise Act and he is on bail in all the cases as stated in para 3 of the bail petition. The petitioner is in custody since 28.03.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jehanabad in connection with Barabar Prayatak P.S. Case No. 43 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T