Patna High CourtCR. MISC./62944/2023allowed

Praveen Kumar v. The State Of Bihar

2023-10-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62944 of 2023 Arising Out of PS. Case No.-180 Year-2023 Thana- MAJORGANJ District- Sitamarhi ====================================================== Praveen Kumar S/O Ram Babu Yadav R/O Village- Tandaspur, Ps. Bathnaha, Dist. Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ritesh Kumar Narain Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-10-2023 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, 413 and 34 of the Indian Penal Code.

3. Prosecution case relates to recovery of two stolen motorcycles from the apprehended co-accused persons.

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. The petitioner is not apprehended on spot and also the motorcycles have not been recovered from the possession of the petitioner rather the same has been recovered from the possession of co-accused, namely, Md. Tanjim and Md. Abdullah who disclosed the name of the

Patna High Court CR. MISC. No.62944 of 2023(2) dt.05-10-2023 2/2 petitioner. The recovery of one mobile phone from the possession of the petitioner which belongs to the petitioner itself. Moreover, he is languishing in judicial custody since 02.07.2023.

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 Majorganj P.S. Case No. 180 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 A.C.J.M.-I, Sitamarhi.

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