Pintu Choudhary @ Mintu Choudhary @Pintu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61383 of 2022 Arising Out of PS. Case No.-538 Year-2022 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Pintu Choudhary @ Mintu Choudhary @Pintu S/O Gopal Choudhary R/O Village- Mahua Shahid, P.S- Aurangabad Town, District-Aurangabad (Bihar) ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Leelawati Kumari For the Opposite Party/s :
Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 342, 323, 354, 379, 34 of the Indian Penal Code.
Prosecution case relates to outraging the modesty of informant's aunt while they were returning from Aurangabad. It is further alleged that informant's motorcycle bearing registration no. BR26J3143 was also stolen by the accused petitioner.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this present case on the basis of
Patna High Court CR. MISC. No.61383 of 2022(2) dt.08-02-2023 2/2 suspicion. Neither the petitioner was arrested on spot nor he has been put on TI Parade. Seizure list shows that the said motorcycle has not been recovered from the possession of this petitioner rather the same has been recovered from an abandoned place. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 1.9.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Aurangabad Town P.S. Case No. 538 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad.
(Sunil Kumar Panwar, J) amandeep/- U T