Patna High CourtCR. MISC./60576/2023allowed

Rajesh Kumar v. The State Of Bihar

2023-09-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60576 of 2023 Arising Out of PS. Case No.-92 Year-2023 Thana- BARH District- Patna ====================================================== Rajesh Kumar S/O Sri Ravindra Yadav @ Nageshwar Yadav R/O VillageMokimpur, P.S- Barh, Distt.- Patna. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Kumar Manglam For the Opposite Party/s :

Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 379, 414 of the Indian Penal Code.

3. As per prosecution case, co-accused Amit Kumar is alleged to have apprehended from whose possession stolen motorcycle bearing Registration no. BR31AP-7074 who disclosed the name of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. As alleged stolen motorcycle was recovered from possession of co-accused Amit kumar not from possession of the petitioner who has also

Patna High Court CR. MISC. No.60576 of 2023(2) dt.12-09-2023 2/2 disclosed the name of the petitioner as his associate. The petitioner was not apprehended on spot. Co-accused Amit Kumar has already been granted bail by a co-ordinate Bench of this Court vide order dt. 24.5.2023 passed in Cr. Misc. No. 28228 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 31.3.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barh P.S. Case No. 92 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st A.C.J.M., Barh, Patna.

(Sunil Kumar Panwar, J) Amandeep/- U T