Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57830 of 2021 Arising Out of PS. Case No.-168 Year-2021 Thana- LALGANJ District- Vaishali ====================================================== ABHISHEK KUMAR S/o JETHU SAHNI R/o VILLAGE-KAMALPURA, P.S- PAROO, DISTRICT-MUZAFFARPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur, Advocate For the Opposite Party/s :

Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 379 and 411 of the Indian Penal Code.

As per the prosecution case, the truck of the informant which was parked on the road side was found stolen and was not to be found inspite of search.

It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. The truck in question was recovered from a garage of one Sajjad Alam and the name of the petitioner transpired in course of investigation when Md Sajjad Alam disclosed before the police that he had bought the truck in question from another person for a sum of Rs 1.90 lakh. It is submitted that the petitioner has been falsely

Patna High Court CR. MISC. No.57830 of 2021(2) dt.11-04-2022 2/2 implicated in this case. There is no material against the petitioner except the statement of co-accused made before the police. No incriminating article has been recovered from his possession. He is in custody since 14.06.2021 and has no criminal antecedent.

Having heard learned counsel for the parties and taking into consideration the fact that the recovery of stolen truck was from garage of one Md Sajjad Alam, the petitioner having remained in custody for nine months and not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Lalganj P.S. Case no. 168 of 2021 on furnishing bail bond of Rs 10,000/ (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IX, Vaishali at Hajipur.

(Partha Sarthy, J) s.hassan/- U T