Patna High CourtCR. MISC./41251/2019bail granted

Rahul Kumar v. The State Of Bihar

2019-09-13Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41251 of 2019 Arising Out of PS. Case No.-65 Year-2019 Thana- BRAHMPURA District- Muzaffarpur ====================================================== Rahul Kumar Son of Bansi Sah Resident of Village-Chehara Kalan, P.S.- Goraul, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 07.03.2019 has filed the instant application for grant of bail in connection with Brahampura P.S. Case No. 65 of 2019 (G.R. No. 1203/2019) registered for the offence punishable under sections 379 and 411 of the Indian Penal Code.

As per the allegation in the FIR, the petitioner herein was caught from the premises of the informant stealing his motorcycle. The master key of the motorcycle was also recovered from the possession of the petitioner, he was beaten up by the public and was handed over to the police. It is submitted by learned counsel for the petitioner that the allegation as made in the FIR are false and concocted and no incriminating article was recovered from the petitioner's possession. He has no criminal antecedent and is in custody since 07.03.2019.

Patna High Court CR. MISC. No.41251 of 2019(3) dt.13-09-2019 2/2 The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration that the petitioner is in custody since 07.03.2019 and has no criminal antecedent, the Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Brahampura P.S. Case No. 65 of 2019.

(Partha Sarthy, J) Prakash/- U T