Patna High CourtCR. MISC./58242/2023bail granted

Niraj Kumar v. The State Of Bihar

2023-09-01Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58242 of 2023 Arising Out of PS. Case No.-683 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== Niraj Kumar, S/O Durga Ram R/O Village- Gangti, Ps. Sikandra, Dist. Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-09-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Lakhisarai (Kabaiya) P.S. Case No. 683 of 2022 dated 21.08.2022 registered for the offences punishable u/s 379 of the Indian Penal Code.

4. As per the prosecution case, the informant's motorcycle was stolen by unknown miscreants which was parked outside of the civil court, Lakhisarai.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.58242 of 2023(2) dt.01-09-2023 2/3 this case. The petitioner is not named in the F.I.R. The petitioner was accused in Lakhisarai P.S. Case No. 1023 of 2023 and he was remanded in the present case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in five other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 12.01.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Lakhisarai or Successor Court in connection with Lakhisarai (Kabaiya) P.S. Case No. 683 of 2022 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, his bail bonds

Patna High Court CR. MISC. No.58242 of 2023(2) dt.01-09-2023 3/3 are liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T