Patna High CourtCR. MISC./50939/2024bail granted

Binod Kumar v. The State Of Bihar

2024-08-06Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50939 of 2024 Arising Out of PS. Case No.-225 Year-2024 Thana- SAUR BAZAR District- Saharsa ====================================================== Binod Kumar Son of Bana Paswan R/o Village - Jagir, P.S.- Sour Bazar, District - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Harun Quareshi, Adv.

For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sour Bazar P.S. Case No. 225 of 2024 dated 18.03.2024 registered for the offences punishable under Sections 411 and 414 of the Indian Penal Code and Sections 25(1-B)A, 26 and 35 of the Arms Act.

3. As per the prosecution case, one stolen motorcycle was recovered from the possession of the co-accused, Guddu Kumar and one mobile phone was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.50939 of 2024(2) dt.06-08-2024 2/2 this case. Nothing has been recovered from the possession of the petitioner. The said motorcycle belongs to the brother of the coaccused, Guddu Kumar. The petitioner has no concern with the alleged recovery. The similarly situated co-accused has been granted regular bail by this Court vide order dated 31.07.2024 passed in Cr. Misc. No. 50425 of 2024. The petitioner has one criminal antecedent in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 19.03.2024.

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

6. 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 Additional Chief Judicial Magistrate-II, Saharsa in connection with Sour Bazar P.S. Case No. 225 of 2024.

7. The application stands allowed.

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