Bhola Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48681 of 2022 Arising Out of PS. Case No.-355 Year-2022 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== BHOLA KUMAR S/O VIJAY SINGH Resident of village- Near Aryan Marriage Hall, P.S.- Aurangabad Town, District- Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-12-2022 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. Heard learned counsel for the petitioner and learned A.P.P for the State through video-conferencing. 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, two boxes of Kinder Joy and one box of tractor filter parts were stolen by someone. Later on the informant came to know that the aforesaid goods were stolen by the accused petitioner and the other co-accused Vikram Kumar and the same was concealed in bushes situated at

Patna High Court CR. MISC. No.48681 of 2022(2) dt.09-12-2022 2/2 Chitaurgar Nagar. On information, the police recovered the aforesaid goods and seized the same from the possession of the petitioner and took away the petitioner to the police station. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel for the petitioner further submitted that the petitioner has been arrested only on suspicion. No cogent evidence against the petitioner has been found. Nothing has been recovered from the conscious possession of the petitioner. Charge-sheet has also been submitted against the petitioner. The petitioner is also accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 17.07.2022.

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

Considering the aforesaid facts and circumstances of the case as well as the period of detention, 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, Aurangabad in connection with Aurangabad Town P.S. Case No. 355 of 2022.

The application stands allowed.

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