Patna High CourtCR. MISC./64015/2023allowed

Dhiraj Kumar @ Niraj Yadav v. The State Of Bihar

2023-10-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64015 of 2023 Arising Out of PS. Case No.-561 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== DHIRAJ KUMAR @ NIRAJ YADAV SON OF LATE SURYADEO YADAV RESIDENT OF VILLAGE - TOUTI, P.S. - PARAIYA, DISTRICT- GAYA (BIHAR) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 379 and 414 of the I.P.C.

3. The allegation against the petitioner is that from his possession a stolen motorcycle has been recovered.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner is a student of computer actually he requested to his friend for Bike for the purpose of marketing. He further submitted that petitioner has completely no knowledge about the stolen motorcycle. The trial of this case

Patna High Court CR. MISC. No.64015 of 2023(2) dt.11-10-2023 2/2 is triable by learned Judicial Magistrate. There is no independent witness of the seizure list and the provision of Section 100 of the Cr.P.C. has not been followed in this case. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 31.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering 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 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st Class, Sherghati, Gaya in connection with Sherghati P.S. Case No. 561 of 2023. (Sunil Kumar Panwar, J) Arish/- U T