Patna High CourtCR. MISC./63413/2023bail granted

Sri Ram Kumar @ Ram Kumar v. The State Of Bihar

2023-10-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63413 of 2023 Arising Out of PS. Case No.-140 Year-2023 Thana- ASHTHAWAN District- Nalanda ====================================================== Sri Ram Kumar @ Ram Kumar, S/o Dhaneshwar Ravidas, R/o VillageShekhopurdih, P.S- Shekhopur, Distt.- Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case instituted for the offences under Sections 379 and 411/34 of the Indian Penal Code.

3. It has been alleged by the informant that when he returned after witnessing the fair, his Splendor Motorcycle bearing registration no. BR21R 5768, parked at the fair place was not there.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.06.2023 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been

Patna High Court CR. MISC. No.63413 of 2023(2) dt.10-10-2023 2/2 implicated in the present case. The petitioner is not named in the FIR. The name of the petitioner has transpired in this case on the recovery of a stolen motorcycle from his house. He had no knowledge that the motorcycle in question is a stolen property. There is no compliance of Section 100 CrPC.

5. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

6. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned court below/court concerned in connection with Ashthawan P.S. Case No. 140 of 2023.

(Sudhir Singh, J) rohit/- U T