Govind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61267 of 2023 Arising Out of PS. Case No.-383 Year-2023 Thana- RAMPUR District- Gaya ====================================================== GOVIND KUMAR S/o- NARESH YADAV Village- Khempur Ps- Bandeya Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 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 414, 467 and 468 of the Indian Penal Code.

3. As per allegation in the FIR, there has been recovery of one stolen motorcycle from the petitioner while the police party were checking the vehicle.

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. It is further submitted from para-7 of this petition that no such occurrence took place

Patna High Court CR. MISC. No.61267 of 2023(2) dt.15-09-2023 2/3 in the alleged manner rather the petitioner was going to college for verification of examination center on foot but on the alleged date of occurrence, due to heavy crowd at that place, several persons were running here and there due to the presence of police at vehicle checking and on suspicion, police arrested this petitioner. It is also submitted that petitioner belongs to Aurangabad District and he is the student of IGNOU and he was going to appear in the examination which was going to be conducted on 08.06.2023 in Gaya district, but he got arrested on the false allegation. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 07.06.2023.

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 after framing of charge, if the charge is not framed in connection with Rampur P.S. Case No. 383 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand)

Patna High Court CR. MISC. No.61267 of 2023(2) dt.15-09-2023 3/3 with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Gaya. (Sunil Kumar Panwar, J) Shubham/- U T