Narayan Prasad Sah @ Narayan Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53732 of 2023 Arising Out of PS. Case No.-646 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== NARAYAN PRASAD SAH @ NARAYAN PRASAD GUPTA S/o- LATE CHANDESHWAR PRASAD GUPTA R/o- Nazirpur Ps- Ahiyapur DistMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 414/34 of the Indian Penal Code.

3. The allegation against the petitioner along with another is that from his possession a stolen motorcycle has been recovered.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner used to earn his livelihood by

Patna High Court CR. MISC. No.53732 of 2023(2) dt.25-08-2023 2/3 working as a daily wages laborer and he was asked by the coaccused Ratan Kumar @ Raja for performing some work at Sikandarpur and as such the petitioner become ready for that proposal and was going with the co-accused for looking that place on his Motorcycle being drive by himself. He further submitted that the petitioner has become a victim of the circumstances as he was not knowing about the criminal antecedent of the co-accused and just relied on his proposal in good faith and was apprehended by the police with the stolen motorcycle. Petitioner was knowing that the aforesaid motorcycle is a stolen property and in good faith the petitioiner accompanied the co-accused. Nothing incriminating articles have been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 27.05.2023.

5. 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

Patna High Court CR. MISC. No.53732 of 2023(2) dt.25-08-2023 3/3 only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Ahiyapur P.S. Case No. 646 of 2023.

(Sunil Kumar Panwar, J) arish/- U