Jitendra Kumar @ Jitu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53396 of 2023 Arising Out of PS. Case No.-162 Year-2023 Thana- GOPALPUR District- Bhagalpur ====================================================== JITENDRA KUMAR @ JITU, Son of Pulkit Singh Resident of Village-Hario, P.S.-Bihpur, District-Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-08-2023 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.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Gopalpur (Rangra O.P.) P.S. Case No. 162 of 2023 dated 05.04.2023 registered for the offences punishable u/ss 413 and 414 of the Indian Penal Code.

4. As per the prosecution case, during the course of vehicle checking by police, two miscreants boarded on two motorcycles were coming towards Naugachia. Police signalled to stop them then they left their motorcycles and tried to fled

Patna High Court CR. MISC. No.53396 of 2023(23) dt.25-08-2023 2/3 away but they were apprehended and disclosed their name as Gaurav Kumar and Lalu Kumar. They further disclosed that the recoverd motorcycles are of stolen property. It is further alleged that the stolen motorcycles were also recovered from the house of the petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the motorcycles were recovered from the house of the petitioner which is not stolen property rather both the motorcycles were purchased by the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitted that the said stolen motorcycles were recovered from the house of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, 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

Patna High Court CR. MISC. No.53396 of 2023(23) dt.25-08-2023 3/3 the like amount each to the satisfaction of learned Court concerned, Nawgachiya, Bhagalpur in connection with Gopalpur (Rangra O.P.) P.S. Case No. 162 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T