Dharamdeo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51376 of 2023 Arising Out of PS. Case No.-259 Year-2023 Thana- BAKHTIYARPUR District- Patna ====================================================== DHARAMDEO KUMAR Son of Budhram Rai Resident of Village - Raghopur (Naya Tola), P.S. - Bakhtiyarpur, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrit Abhijat For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 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 413, 414, 420, 467, 468/34 of the Indian Penal Code.

3. The allegation against the petitioner along with another is that from his possession a stolen motorcycle has been recovered. It is further alleged that they are engaged in the business of sale-purchase of stolen motorycles.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to

Patna High Court CR. MISC. No.51376 of 2023(2) dt.11-08-2023 2/3 dirty village politics. He has committed no offence. He submitted that petitioner's brother Randhir Rai went to police station with the paper of the motorcycle but he was slapped by police personnel there. As a result, he became afraid. Later on, petitioner was remanded in the present case and another motorcycle was shown to be recovered. However, the true fact is that petitioner was with his Hero Passion bike vide Registration No. BR01-EE-9085. To substantiate it, petitioner is advised to bring on record certificate or Registration, Department of Transport, Government of Bihar wherein, the motorcycle no. BR01-EE-9085 has been registered in the name of Randhir Rai, son of Budhram Rai the brother of the petitioner. 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. 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

Patna High Court CR. MISC. No.51376 of 2023(2) dt.11-08-2023 3/3 satisfaction of the learned Court below in connection with Bakhtiyarpur P.S. Case No. 259 of 2023.

(Sunil Kumar Panwar, J) arish/- U T