Patna High CourtCR. MISC./64223/2023allowed

Suraj Das v. The State Of Bihar

2023-10-12Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64223 of 2023 Arising Out of PS. Case No.-490 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Suraj Das Son Of Dinesh Das Resdient Of Village- Bhoiltimkiya, Ward No. 8, Ps- Jaleshwar, Distt- Mohotary, Nepal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 413, 379, 411 of the Indian Penal Code.

3. The prosecution case in nutshell is that during vehicle checking, petitioner was apprehended with one stolen motorcycle bearing Registration No. BR-30B3642, without any document. It is further alleged that the said motorcycle was claimed by one Shatrughan Rai.

4. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.64223 of 2023(2) dt.12-10-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Petitioner has no concern either with the seized motorcycle or with other co-accused persons. Moreover, petitioner is languishing in judicial custody since 22.06.2023. This case is triable by Court of Judicial Magistrate. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sitamarhi P.S. Case No. 490 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.64223 of 2023(2) dt.12-10-2023 3/3 Chief Judicial Magistrate I/C, Sitamarhi.

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