Amar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55700 of 2022 Arising Out of PS. Case No.-8 Year-2022 Thana- PARBATTA District- Bhagalpur ====================================================== AMAR KUMAR Son of Ambika Yadav Resident of Village - Bhatgama, P.S.- Chousa, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-01-2023 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 sections 413, 414/34 of the Indian Penal Code.

Prosecution case relates to recovery of a motorcycle bearing Registration No. BR-34L-1774 and one mobile phone from possession accused persons as per the seizure list. 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 suspicion. It is further submitted that the motorcycle in question which has been seized, was being driven by other co-accused namely Md. Zubair and not recovered from the conscious possession of the

Patna High Court CR. MISC. No.55700 of 2022(2) dt.17-01-2023 2/2 petitioner. The seized mobile phone belongs to this petitioner. Moreover, similarly situated co-accused Mritunjay Kumar has already been granted regular bail by Learned Court Below vide order dated 7.5.2022 and the same has been annexed as Annexure-2. The petitioner is languishing in judicial custody since 18.1.2022.

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 Parbatta P.S. Case No. 8 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 Additional Sessions Judge-I, Naugachia, District-Bhagalpur.

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