Shiv Shankar Tudu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53960 of 2023 Arising Out of PS. Case No.-164 Year-2023 Thana- KATORIYA District- Banka ====================================================== SHIV SHANKAR TUDU SON OF RAGHUNANDAN TUDU RESIDENT OF VILLAGE- MAHADEO STHAN, POLICE STATION- AMARPUR, DISTRICT- BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 467, 468, 471, 414 of the Indian Penal Code.

3. As per F.I.R., the petitioner along with two accused persons apprehended by the police with a motorcycle bearing Reg. No. JH15Z-7638 and on inquiry about the document of said motorcycle they failed to produce any document for the same.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. In fact, the petitioner is friend of co-accused Sanjay Hembram and he riding on motorcycle on good faith that he knows that the alleged motorcycle belongs to Sanjay Hembram. This case is triable by the

Patna High Court CR. MISC. No.53960 of 2023(3) dt.07-11-2023 2/2 court of Judicial Magistrate. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The other co-accused anemly, Md. Imtiyaz has already been granted bail by another co-ordinate Bench of this Court vide order dated 11.10.2023 passed in Cr. Misc. No. 57887 of 2023. Petitioner is languishing in judicial custody since 11.05.2023. 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 satisfaction of the learned Chief Judicial Magistrate, Banka/Successor Court, Banka in connection with Katoriya P.S. Case No. 164 of 2023. (Sunil Kumar Panwar, J) lata/- U T