Patna High CourtCR. MISC./66159/2024withdrawn

Govinda Kumar v. The State Of Bihar

2025-02-27Mr. Justice S. B. P. Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66159 of 2023 Arising Out of PS. Case No.-75 Year-2022 Thana- NTPC District- Bhagalpur ====================================================== AJAY MAHTO Son of Mushru Mahto Resident of Village-Ishakchak, P.S.- Ishakchak, District-Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Upadhyaya For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 379 of the Indian Penal Code.

3. As per allegation in the FIR, informant had parked his motorcycle near shiv Mandir and from there his motorcycle was stolen by unknown accused persons.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Coaccused Saurav Sah was arrested by the police and in his confessional statement, name of the petitioner has sprang up. On the basis of confessional statement of the petitioner in another case, he has been implicated in the present case. No

Patna High Court CR. MISC. No.66159 of 2023(2) dt.31-10-2023 2/2 stolen article has been recovered from possession of the petitioner. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 31.07.2023 passed in Cr. Misc. No.43534 of 2023. Petitioner is languishing in judicial custody since 16.11.2022.

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

6. 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 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 Judicial Magistrate 1st Class, Bhagalpur in connection with N.T.P.C. P.S. Case No. 75 of 2022.

(Sunil Kumar Panwar, J) sushma/- U