Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50923 of 2019 Arising Out of PS. Case No.-685 Year-2019 Thana- NAWADA District- Nawada ====================================================== ROHIT KUMAR, aged about 19 years, Male, S/o Jay Paswan, R/o villagePran Bigha, P.S.- Muffasil, District- Nawadah. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ram Prawesh Kumar, Advocate.

For the Opposite Party :

Mr.Arun Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 04.06.2019 in a case for the offence registered under Sections 379, 411 and 419 of the IPC.

The prosecution story, in brief, is that on 03.06.2019 at about 10.00 A.M. the informant after parking his Motorcycle was in his house and when he came out from his house for going to the market then he did not found his Motorcycle. Thereafter, he reached to the shop of Raju Sticker which is situated in front of Narad Museum and saw that his Motorcycle was standing in the said shop and two persons are changing the parts and status of the Motorcycle. Thereafter, the informant with the help of his brother and other persons, caught both

Patna High Court CR. MISC. No.50923 of 2019(2) dt.16-08-2019 2/2 persons but one person fled away. The apprehended persons disclosed his name as Rohit Kumar (petitioner) and also disclosed the name of fled person as Raju Kumar. Thereafter, the informant handed over the petitioner to the police. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner had no knowledge that the Motorcycle in question is a stolen property. He has been made accused in the present case due to mistake of fact.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Nawadah, in connection with Nagar P.S. Case No. 685 of 2019. (Sudhir Singh, J) U.K.