Patna High CourtCR. MISC./61601/2023allowed

Chhotu Kumar v. The State Of Bihar

2023-09-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61601 of 2023 Arising Out of PS. Case No.-42 Year-2023 Thana- PIPRA District- Supaul ====================================================== Chhotu Kumar S/O Late Bulbul Sah R/O Village- Ram Nagar, Ward No. 9, Ps. Pipra, Dist. Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kishore Singh For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== 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 413, 414 and 34 of the Indian Penal Code.

3. Prosecution case relates to recovery of one theft motorcycle along with some parts of the motorcycle from the house of the co-accused person, namely, Ram Bilash Sah and this petitioner was arrested by the police from that place where he was sleeping.

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 merely on suspicion. Nothing has been recovered from the conscious possession of

Patna High Court CR. MISC. No.61601 of 2023(2) dt.15-09-2023 2/2 the petitioner. He has no concern with the seized motorcycle along with some parts of the motorcycle. Moreover, the petitioner is languishing in judicial custody since 12.02.2023.

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 Pipra P.S. Case No. 42 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 Sessions Judge, Supaul.

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