Timpal Kumar @ Bajrangi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9314 of 2021 Arising Out of PS. Case No.-1094 Year-2019 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Timpal Kumar @ Bajrangi Kumar, Son of Arjun Mandal @ Arjun Prasad Sah, Resident of Village- Adampur, P.S- Adampur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Adv.

For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 411, 413, 414, 401 of the Indian Penal Code.

Allegation against the petitioner alongwith other accused persons is said to have used to steal bikes and sell the

Patna High Court CR. MISC. No.9314 of 2021(3) dt.15-07-2021 2/3 same, they are members of bike lifting gang.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that on the confessional statement of co-accused, he has been made accused in this case. There is no recovery from the conscious possession of the petitioner. Coaccused apprehended at the place of occurrence and he confessed the name of the petitioner, he is a member of the lifting gang. Three motorcycles have been recovered from the conscious possession of the co-accused. The petitioner is languishing in judicial custody since 08.07.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition. Co-accused namely Sujeet Kumar has been granted bail by a co-ordinate Bench of this Court vide order dated 22.12.2020 passed in Cr. Misc. No. 34538/2020. Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the no recovery from the conscious possession of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Kotwali (Jogsar) P.S. Case No. 1094/2019 to

Patna High Court CR. MISC. No.9314 of 2021(3) dt.15-07-2021 3/3 the satisfaction of learned Court below where the case is pending/ successor court.

(Anjani Kumar Sharan, J) amitkumar/- U T