Biru Kumar @ Biru Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47776 of 2023 Arising Out of PS. Case No.-51 Year-2023 Thana- BARABAR TOURIST District- Jehanabad ====================================================== Biru Kumar @ Biru Das, S/O - Shiv Bahadur Das, R/O Village- Gulguliya Makhdampur, P.S.- Ghosi, Distt. - Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyadarshi Pankaj, Adv.

Mr. Raj Anand, Adv For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-08-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Barabar Tourism P.S. (Bishunganj O.P.) Case No. 51 of 2023 dated 18.04.2023 registered for the offences punishable under Sections 414, 420, 467 and 468/34 of the Indian Penal Code.

3. The main submissions advanced by learned counsel for the petitioner are that as per the allegation made in the FIR, this petitioner and co-accused namely Pradeep Kumar @ Nanhka @ Shaurabha Kumar were caught with a motorcycle which was suspected to be stolen on account of non-production of relevant papers concerned to the ownership of the said motorcycle and the said co-accused has been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc.

Patna High Court CR. MISC. No.47776 of 2023(2) dt.02-08-2023 2/2 No. 40785/2023. Further submissions are that against the petitioner, there is criminal antecedent of one case in which he is on bail and in the present matter, he has been languishing in jail since 19.04.2023 and against him the investigation has been completed and the seizure list witnesses are not independent persons.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the privilege of bail having been granted to co-accused Pradeep Kumar @ Nanhka @ Shaurabha Kumar, who is carrying similar nature of allegation by a co-ordinate Bench of this Court as well as completion of the investigation against this petitioner, this Court is inclined to accept the petitioner's prayer for bail. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Barabar Tourism P.S. (Bishunganj O.P.) Case No. 51 of 2023.

(Shailendra Singh, J) annu/- U T