Patna High CourtCR. MISC./54446/2023allowed

Dheeraj Kumar v. The State Of Bihar

2023-08-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54446 of 2023 Arising Out of PS. Case No.-79 Year-2023 Thana- TARARI District- Bhojpur ====================================================== DHEERAJ KUMAR Son of Khoonti Paswan Resident of village - Bandhawa, P.S. - Tarari, Distt. - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Radhe Shyam Kumar For the Opposite Party/s :

Mr. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 414/34 of the Indian Penal Code.

It is a case of recovery of stolen motorcycles from ht e possession of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Neither the petitioner is named in the FIR not put on TIP. Nothing has been recovered from his conscious possession. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Petitioner has got no criminal incident and languishing in judicial custody since

Patna High Court CR. MISC. No.54446 of 2023(2) dt.29-08-2023 2/2 8.5.2023.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 satisfaction of the learned Judicial magistrate 1st Class, Bhojpur at Ara in connection with Tarari P.S. Case No. 79 of 2023.

(Sunil Kumar Panwar, J) sushma/- U