Patna High CourtCR. MISC./59964/2023allowed

Durgesh Kumar v. The State Of Bihar

2023-09-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59964 of 2023 Arising Out of PS. Case No.-357 Year-2023 Thana- MUFFASIL District- West Champaran ====================================================== Durgesh Kumar S/O- Jokhu Bhagat Village- Kohada Tola Ward no-18, PsNautan Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Gupta For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 379, 411 of the Indian Penal Code.

It is alleged that petitioner was apprehended along with other co-accused persons with stolen motorcycle. It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The alleged motorcycle was not recovered from the possession of the petitioner. The petitioner has no concern either with the alleged motorcycle or the apprehended accused persons. The petitioner is languishing in custody since 02.06.2023. A statement has been made in para

Patna High Court CR. MISC. No.59964 of 2023(2) dt.08-09-2023 2/2 3 of the petition that petitioner has got no criminal antecedent. Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah (Muffasil) P.S. Case No. 357 of 2023. (Sunil Kumar Panwar, J) lata/- U T