Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56745 of 2022 Arising Out of PS. Case No.-203 Year-2022 Thana- DUMRA District- Sitamarhi ====================================================== RAJA KUMAR Son of Rambabu Mahato R/V- Nanpur (Dakshni) Ward No. 9, PS- Nanpur, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yogendra Prasad, Advocate For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Dumra PS case no. 203 of 2022 instituted for the offences punishable under Sections 413, 414/34 of the Indian Penal Code.

The informant along with his police force had recovered two stolen motorcycles, which was parked in front of the house of the co-accused person namely Dinesh Mahto, who was apprehended and upon interrogation, he disclosed that the motorcycles belong to the petitioner herein, whereupon the petitioner was arrested from the tea stall of the said Dinesh Mahato.

Patna High Court CR. MISC. No.56745 of 2022(2) dt.01-02-2023 2/3 The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 16.05.2022. The learned counsel for the petitioner has further submitted that the petitioner is accused in two other cases but he is on bail in the said cases. It is also submitted that the name of the petitioner has transpired in the present case upon the confessional statement made by co-accused person namely Dinesh Mahto, however, the motorcycles in question have not been recovered from his possession, hence, the petitioner has got no complicity in the matter.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the name of the petitioner has transpired in the present case upon the confessional statement made by co-accused person namely Dinesh Mahto, I deem it fit and appropriate to direct for release of the petitioner on bail, on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.56745 of 2022(2) dt.01-02-2023 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Dumra PS case no. 203 of 2022.

(Mohit Kumar Shah, J) rinkee/- U T