Laddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63579 of 2021 Arising Out of PS. Case No.-89 Year-2021 Thana- CHANPATIA District- West Champaran ====================================================== LADDU KUMAR Son of Nandkishor Thakur Resident of Village - Ugrasen Tola, P.S.- Chanpatia (Kumarbag O.P.), District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 379 of the Indian Penal Code.

As per the prosecution case, when the petitioner returned after easing himself, he states that he found his motorcycle missing and the same was not to be found inspite of search by a number of persons.

It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. Referring to the order of the learned trial Court rejecting the application for bail of the petitioner it is submitted that the name of the petitioner transpired in the confessional statement of co-accused Gulshan Kumar made before police. The cause of false implication of the

Patna High Court CR. MISC. No.63579 of 2021(2) dt.18-04-2022 2/2 petitioner is his criminal antecedents of similar nature, however in a number of cases he has been enlarged on bail. It is further submitted that no incriminating article has been recovered from the petitioner's possession who is in custody since 16.6.2021 and charge sheet has been submitted in the case. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the submissions made on behalf of the petitioner and no incriminating article having been recovered from the petitioner's possession who is in custody for more than 10 months, the Court directs the petitioner to be enlarged on bail in connection with Chanpatia (Kumarbag O.P) P.S. Case no. 89 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M, Bettiah, West Champaran.

(Partha Sarthy, J) Prakash/- U