Abhaya Kumar @ Kallu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10126 of 2021 Arising Out of PS. Case No.-184 Year-2020 Thana- DORIGANJ District- Saran ====================================================== ABHAYA KUMAR @ KALLU S/o SHRI PARAMATMA RAI @ PARAMATMA KUMAR YADAV R/o Village - Balwan Tola, P.S. - Doriganj, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shantanu Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-06-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Doriganj Police Station Case No. 184 of 2020 registered under sections 414, 413 and 34 of the Indian Penal Code.

As per allegation in the F.I.R., three accused persons including the petitioner herein were caught on two motorcycles and, on demand, did not produce any valid documents for the motorcycles. It is stated that they confessed that both the motorcycles were stolen and they are into stealing motorcycles. It is submitted by learned counsel for the petitioner that the allegations as levelled in the F.I.R. are false and

Patna High Court CR. MISC. No.10126 of 2021(2) dt.14-06-2021 2/2 concocted. The petitioner has been falsely implicated in the case due to police highhandedness only for the reason that he could not produce the documents of the motorcycle. There is no other material against him. He is in custody since 25.10.2020 and has no criminal antecedent.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the period in custody and investigation in the case having concluded, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Doriganj Police Station Case No. 184 of 2020 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 Additional Chief Judicial Magistrate-XIII, Saran at Chapra.

(Partha Sarthy, J) Prakash/- U T