Patna High CourtCR. MISC./60029/2024bail granted

Gorakh Kumar Turha @ Gorakh Turha v. The State Of Bihar

2024-08-31Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60029 of 2024 Arising Out of PS. Case No.-12 Year-2024 Thana- DURAULI District- Siwan ====================================================== Gorakh Kumar Turha @ Gorakh Turha S/O Tahalu Thurha R/O VillageDharampur Mahavir Asthan, Police Station- Sikanderpur, District- Balia (Uttar Pradesh).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Durauli P.S. Case No. 12 of 2024, instituted for the offences punishable under Sections 379 and 414 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner was caught with a stolen motorcycle by the police and on demand of papers the petitioner failed to produce any valid documents for the same.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.60029 of 2024(2) dt.31-08-2024 2/2 possession of the petitioner. Learned counsel for the petitioner further submits that the petitioner has got no concern with the alleged stolen motorcycle. The petitioner was a passerby of that way and was arrested on the basis of suspicion. The petitioner is in custody since 11.01.2024 and has got six criminal antecedents.

5. Learned APP 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 and taking into account 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Durauli P.S. Case No. 12 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T