Patna High CourtCR. MISC./65679/2023allowed

Chandan Kumar v. The State Of Bihar

2023-10-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65679 of 2023 Arising Out of PS. Case No.-118 Year-2023 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== Chandan Kumar Son Of Naresh Yadav Resident Of Village - Abgil, P.S. - Medni Chowki, District - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 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 section 414 of the Indian Penal Code.

Prosecution case relates to recovery of stolen motorcycle from which petitioner was coming and on way he was arrested by the police.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Police is informant of the present case. There is no prior complaint regarding theft of the said motorcycle. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Seizure list witnesses are not the

Patna High Court CR. MISC. No.65679 of 2023(2) dt.31-10-2023 2/2 police officials. Petitioner is languishing in judicial custody since 25.7.2023.

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

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 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 Judicial magistrate 1st Cdlass, Lakhisarai in connection with Mednichowki PS Case No. 118 of 2023.

(Sunil Kumar Panwar, J) sushma/- U