Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47125 of 2023 Arising Out of PS. Case No.-165 Year-2023 Thana- GARKHA District- Saran ====================================================== SUMAN KUMAR, S/O PRABHU RAI, R/O Village- Tahal Tola, P.SGarkha, Distt.- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Garkha P.S. Case No. 165 of 2023 dated 30.03.2023 registered for the offences punishable u/ss 413, 414 read with Section 34 of the Indian Penal Code.

4. As per the prosecution case, during the vehicle checking by police, five miscreants were seen on three motorcycles. On signal to stop, one of the miscreants succeeded in fleeing away with motorcycle. One person was apprehended with motorcycle but the person sitting on said motorcycle succeeded in

Patna High Court CR. MISC. No.47125 of 2023(2) dt.03-08-2023 2/2 fleeing away. The apprehended miscreant disclosed his name as Suman Kumar (petitioner) and he also disclosed the name of his associates.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner and he has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 31.03.2023.

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

7. 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 Court concerned, Saran at Chapra in connection with Garkha P.S. Case No. 165 of 2023.

8. The application stands allowed.

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