Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62330 of 2022 Arising Out of PS. Case No.-54 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== PRADEEP KUMAR Son of Jogendra Ram Resident of Village- Belwa Pakadiya, P.S.- Jagdishpur, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Majhaulia P.S. Case No. 54 of 2022, registered for the offence punishable under Sections 395 and 397 of the Indian Penal Code. The case of the prosecution, in brief, according to the informant, is that on 19.1.2022 at about 8:30 pm., sugar cane was loaded on a trollery attached to a tractor and then the same was sent to the sugar mill, while the same was being driven by one Maneer Ansari. It is also alleged that in the night at about 11:55 pm., the

Patna High Court CR. MISC. No.62330 of 2022(2) dt.04-02-2023 2/3 said driver of the tractor had rang the informant and informed him that unknown miscreants had taken away the tractor while living the trolley behind, after tying him to a tree.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 6.4.2022. The learned counsel for the petitioner has further submitted that though the petitioner is an accused in five other cases, but he is on bail in four of them. The learned counsel for the petitioner has further submitted that neither any Test Identification Parade has been conducted so as to connect the petitioner with the alleged crime nor the stolen tractor has been recovered from the possession of the petitioner, hence, the petitioner is not having any complicity in the matter.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and

Patna High Court CR. MISC. No.62330 of 2022(2) dt.04-02-2023 3/3 circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that no Test Identification Parade has been conducted so as to connect the petitioner with the alleged crime and moreover, the stolen tractor has also not been recovered from the possession of the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 54 of 2022.

(Mohit Kumar Shah, J) Ajay/- U T