Patna High CourtCR. MISC./45888/2023allowed

Bhola Kumar v. The State Of Bihar

2023-08-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45888 of 2023 Arising Out of PS. Case No.-10 Year-2023 Thana- TANKUPPA District- Gaya ====================================================== BHOLA KUMAR S/O RAJ KUMAR MANJHI R/O VILLAGE- CHOBAR, PS. TANKUPPA, DIST. GAYA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 413 and 414 of the Indian Penal Code.

3. As per prosecution case, on receiving a secret information that 4-5 persons are planning to commit crime thereafter the police personnel reached at that place and apprehended them and recovered one motorcycle. Thereafter, on search, there has been recovery of one mobile phone from the petitioner and and the same has been from others co-accused.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Due to high handedness of police, the

Patna High Court CR. MISC. No.45888 of 2023(2) dt.04-08-2023 2/2 petitioner has implicated in the present case. Petitioner has no concern with the seized motorcycle so far the recovered mobile belongs to the petitioner itself. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 16.01.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Tankuppa P.S. Case No. 10 of 2023.

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