Banti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53510 of 2022 Arising Out of PS. Case No.-378 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== BANTI KUMAR S/O SHRI PRADEEP KUMAR YADAV Resident of village- Azad Nagar, Ward No- 09, P.S. and District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishesh Kumar Singh For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 413, 414, 420 of the Indian Penal Code.

The prosecution case relates to recovery of stolen motorcycle bearing Registration No. BR-43R-3448 at Khedan Chowk according to seizure list.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted vide para 8 of the petition that the petitioner was standing near the place of occurrence and one unknown person was also there with the said motorcycle. When the police party came there, the person fled away towards west just south of the

Patna High Court CR. MISC. No.53510 of 2022(2) dt.15-02-2023 2/2 residential house of the petitioner but the petitioner was still standing there due to which police arrested him merely on suspicion. The petitioner has no concerned with the alleged recovery of motorcycle. It is further submitted that this case relates to trial by Magistrate. Moreover, the petitioner is languishing in judicial custody since 17.4.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Madehpura P.S. Case No. 378 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura.

(Sunil Kumar Panwar, J) Amandeep/- U T