Patna High CourtCR. MISC./57244/2024bail granted

Raushan Kumar v. The State Of Bihar

2024-08-21Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57244 of 2024 Arising Out of PS. Case No.-77 Year-2024 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== Raushan Kumar son of Baijnath Ray village- Manorathpur Araila, PsKalyanpur, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No 13, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with A.P.M. P.S. Case No. 77 of 2024 instituted for the offences under Section 414 of the Indian Penal Code.

3. Prosecution case, in short, is that, during vehicle checking, police apprehended one person with motorcycle. On specific interrogation, the apprehended person failed to produce any valid document regarding the recovered motorcycle.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted

Patna High Court CR. MISC. No.57244 of 2024(2) dt.21-08-2024 2/2 that petitioner has got no concern with the recovered motorcycle. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.06.2024 and has no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with A.P.M. P.S. Case No. 77 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T