Laltu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41243 of 2023 Arising Out of PS. Case No.-231 Year-2022 Thana- KISHANPUR District- Supaul ====================================================== LALTU KUMAR SON OF UMESH PRASAD SAH RESIDENT OF VILLAGE- MAHIPATTI, PS- KISHANPUR, DISTRICT- SUPAUL, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mrs.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-07-2023 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. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Kishanpur P.S. Case No. 231 of 2022 dated 26.8.2022 registered for the offence punishable u/s 379 and 411 of the Indian Penal Code.

As per the prosecution case, the informant parked his motorcycle on the road and went to his field. In the meanwhile, his motorcycle was stolen from there. It is further alleged that

Patna High Court CR. MISC. No.41243 of 2023(2) dt.19-07-2023 2/3 there was also a Vivo company mobile in the dicky of the motorcycle.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of co-accused Raja Kumar. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 12.1.2023. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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, Supaul in connection with Kishanpur P.S. Case No. 231 of 2022.

Patna High Court CR. MISC. No.41243 of 2023(2) dt.19-07-2023 3/3 The application stands allowed.

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