Patna High CourtCR. MISC./49775/2023allowed

Prem Kumar v. The State Of Bihar

2023-09-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49775 of 2023 Arising Out of PS. Case No.-427 Year-2023 Thana- MOTIHARI TOWN District- East Champaran ====================================================== PREM KUMAR SON OF BHAGWAN SAHANI RESIDENT OF VILLAGE - INDRAGACHHI, P.S. - SANGRAMPUR, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raki Alam For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 414, 420, 465, 468, 471/34 of the Indian Penal Code.

3. The allegation against the petitioner is that from his possession a stolen motorcycle has recovered.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has apprehended on spot. He submitted that the petitioner went in the campus of town P.S. with regard to land dispute but the petitioner was taken into custody by the informant by hatching up story of recovery of

Patna High Court CR. MISC. No.49775 of 2023(3) dt.13-09-2023 2/2 stolen motorcycle and the police took signature on a plain paper and the same was converted into his self confessional statement. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 17.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Motihari Town P.S. Case No. 427 of 2023.

(Sunil Kumar Panwar, J) arish/- U