Hariom Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64845 of 2023 Arising Out of PS. Case No.-859 Year-2022 Thana- MOTIHARI TOWN District- East Champaran ====================================================== HARIOM KUMAR S/O RAMPUKAR PRASAD YADAV @ RAMPUKAR YADAV RESIDENT OF VILLEGE- JAGIRAHAN, WARD NO.- 13, P.SKUNDWACHAINPUR, DISTT.- EAST CHAMPARAN. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Town P.S. Case No. 859 of 2022 dated 15.11.2022 registered for the offences punishable u/s 379 of the Indian Penal Code and later on added sections 411, 420, 465, 468, 471, 34 of the IPC.
3. As per the prosecution case, the informant after parking his motorcycle bearing Reg. No. BR05AN0852 went to his house and when he returned back, he did not find his motorcycle.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.64845 of 2023(2) dt.12-10-2023 2/3 that the petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion. There is general and omnibus allegation against the petitioner. The petitioner is not named in the FIR. His name has sprung up during the course of investigation. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 14.7.2023 passed in Cr. Misc. No. 42387 of 2023. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 23.2.2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran at Motihari in connection with Town P.S. Case No. 859 of 2022.
Patna High Court CR. MISC. No.64845 of 2023(2) dt.12-10-2023 3/3
7. The application stands allowed.
(Chandra Prakash Singh, J) Ajay Singh/- U T