Patna High CourtCR. MISC./47267/2023bail granted

Rahul Kumar v. The State Of Bihar

2023-08-03Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47267 of 2023 Arising Out of PS. Case No.-236 Year-2023 Thana- GURUA District- Gaya ====================================================== Rahul Kumar Son Of Binay Prasad @ Binay Singh Resident Of Village - Upardih, P.S.- Gurua, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== 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 Gurua P.S Case No. 236 of 2023 dated 14.05.2023 registered for the offence punishable u/s 379 of the Indian Penal Code.

4. As per the prosecution case, the informant motorcycle was stolen by unknown thief.

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

Patna High Court CR. MISC. No.47267 of 2023(2) dt.03-08-2023 2/2 this case. Nothing has been recovered from the conscious possession of the petitioner. The stolen motorcycle was recovered at the instance of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.05.2023.

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, Sherghati, Gaya in connection with Gurua P.S Case No. 236 of 2023.

8. The application stands allowed.

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