Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59763 of 2022 Arising Out of PS. Case No.-245 Year-2022 Thana- BARH District- Patna ====================================================== BIPIN KUMAR SON OF NARAYAN PASWAN R/O VILLAGE- GOWAR DHARAMPUR, P.S.- BARH, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Ram Naresh Rai, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Barh P.S. Case No. 245 of 2022 registered for the offences punishable under Sections 414, 379, 411 and 34 of the Indian Penal Code.

The allegation is regarding the police having received secret information that three persons had arrived near the Barh Kachahari to steal motorcycle, whereafter the police party had reached at the place of occurrence on the alleged date and time and had apprehended the petitioner,

Patna High Court CR. MISC. No.59763 of 2022(2) dt.20-01-2023 2/3 whereafter they had recovered one stolen motorcycle.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 01.05.2022. The learned counsel for the petitioner has referred to the seizure list to submit that the motorcycle was not recovered from the petitioner and instead the same was seized from a place situated in front of the shop of one Karu Lal deed writer situated at Barh Kachahari, hence the petitioner is not having any complicity in the matter.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that as per the seizure list, the motorcycle in

Patna High Court CR. MISC. No.59763 of 2022(2) dt.20-01-2023 3/3 question has been recovered from a place situated in front of the shop of one Karu Lal deed writer, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Barh, District-Patna in connection with Barh P.S. Case No. 245 of 2022.

(Mohit Kumar Shah, J) S.Sb/Saurav U T