Patna High CourtCR. MISC./41579/2023allowed

Harendra Chauhan v. The State Of Bihar

2023-08-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41579 of 2023 Arising Out of PS. Case No.-147 Year-2023 Thana- UCHKAGAON District- Gopalganj ====================================================== Harendra Chauhan Son Of Sukhdeo Chauhan Resident Of Village- Bairia Durg, Ps- Uchakagaon, Distt- Gopalganj ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Deepankar Raj For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 414 of the Indian Penal Code.

3. As per FIR, prosecution case relates to recovery of one motorcycle bearing Registration no. BR-28H-4082 in front the house of the petitioner which is alleged to be stolen vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion. The petitioner is not concerned with the alleged stolen motorcycle and the same was recovered in front of his house and not in the possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.41579 of 2023(3) dt.07-08-2023 2/2 no criminal antecedent as stated in para-3 of the bail petitioner. It is further submitted that this case is triable by court of Judicial Magistrate. Moreover, the petitioner is languishing in judicial custody since 10.5.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Uchakagaon P.S. Case No. 147 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Gopalganj.

(Sunil Kumar Panwar, J) Amandeep/- U T