Patna High CourtCR. MISC./41859/2024bail granted

Birendra Kumar v. The State Of Bihar

2024-06-20Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41859 of 2024 Arising Out of PS. Case No.-90 Year-2024 Thana- AMARPUR District- Banka ====================================================== Birendra Kumar, aged about 20 years (Male), Son Of Jichho Das, R/O Village- Kotwali, P.S.- Rajoun, Distt.- Banka. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Brij Nandan Prasad, Advocate For the Opposite Party :

Mr. Ganesh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Amarpur P.S. Case No. 90 of 2024 dated 08.02.2024 registered for the offence punishable under Section 379 of the Indian Penal Code.

3. As per the prosecution case, some unknown miscreants are alleged to have committed theft of the motorcycle of the informant.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.41859 of 2024(2) dt.20-06-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is not named in the F.I.R. His name has sprung up in the present case during the course of investigation. There is general and omnibus allegation against the petitioner. The petitioner has been remanded in this case from Dhankund P.S. Case No. 18 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act in which it has been alleged that the stolen motorcycle was found carrying the illegal liquor and the said motorcycle was handed over to the informant and thereafter the same was confiscated in connection with Dhankund P.S. Case No. 18 of 2024. The petitioner has one criminal antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 22.03.2024.

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

6. Considering the aforesaid facts and circumstances of the case, the petitioner, above named, 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 Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 90 of 2024.

Patna High Court CR. MISC. No.41859 of 2024(2) dt.20-06-2024 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T