Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58949 of 2023 Arising Out of PS. Case No.-44 Year-2023 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== SONU KUMAR SON OF SRI SHANKAR MAHTO RESIDENT OF VILLAGE- GANGASAGAR RUDALGANJ, PS- LAHERIASARAI (BENTA OP), DISTT- DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No 13 For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 414, 467, 468/34 of the Indian Penal Code.

The allegation against the petitioner along with another is that from his possession a stolen Scorpio vehicle has been recovered.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has apprehended on spot. He submitted that the provision of Section 100 of the Cr.P.C. has not followed in this case, while preparing the seizure list. The

Patna High Court CR. MISC. No.58949 of 2023(2) dt.04-09-2023 2/2 petitioner was made scapegoat for none of his faults. The entire prosecution story is result of transplantation by the police with an ulterior motive, to implicate the petitioner in a false and concocted case. The trial of the case is triable by learned Judicial Magistrate. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 15.02.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Lalit Narayan University P.S. Case No. 44 of 2023.

(Sunil Kumar Panwar, J) arish/- U