Rahul Kumar @ Rahul Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65683 of 2023 Arising Out of PS. Case No.-280 Year-2023 Thana- PUPRI District- Sitamarhi ====================================================== Rahul Kumar @ Rahul Sahni Son Of Akhilesh Sahni Resident Of VillageBhkrohiya, P.S.-Pupri, District-Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ayush Kumar For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 414 of the Indian Penal Code.

3. Prosecution case relates to recovery of stolen motorcycles from the possession of this petitioner along with other co-accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted from para-7 of this petition that there is delay of one day in lodging the FIR without explaining the delay. As the petitioner was arrested on 02.07.2023 while a typed FIR has been registered on

Patna High Court CR. MISC. No.65683 of 2023(2) dt.17-10-2023 2/2 03.07.2023 and arrest Memo, Seizure Memo was prepared on 02.07.2023, which clearly shows the ill intentions of the police party. This case is triable by the court of learned Judicial Magistrate. Except confessional statement of accused persons which has got no evidentiary value in the eye of law, no any cogent material has come against the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 04.07.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pupri P.S. Case No. 280 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M.(P), Sitamarhi.

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