Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54310 of 2022 Arising Out of PS. Case No.-192 Year-2022 Thana- PARIHAR District- Sitamarhi ====================================================== RAJA KUMAR Son of Late Mohan Sahani Resident of Village - Shahargama, Tola - Dhamitol, Ward No.- 2, P.S.- Parihar, District - Sitamarhi (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2023 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 section 389, 414 of the Indian Penal Code.

Allegation against the petitioner is of theft of informant's motorcycle bearing Registration No. BR3DT-0826, which was parked in front of informant's house. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of mere suspicion. The name of petitioner came into light on the basis of confessional statement of co-accused namley, Deepak Kumar Mallik and Viyaj Kumar Mallik and except this, nothing is

Patna High Court CR. MISC. No.54310 of 2022(2) dt.16-01-2023 2/2 against the petitioner. The stolen motorcycle in question has been recovered from the house of other co-accused namely Chandan Kumar. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 25.7.2022.

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 Parihar P.S. Case No. 192 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 Judicial Magistrate 1st Class, Sitamarhi.

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