Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70237 of 2024 Arising Out of PS. Case No.-310 Year-2024 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Amit Kumar Son of Satyanarayan Prasad Kushwaha @ Satyanarayan Prasadnarayan prasad R/O-Village- Kathauliya PS- Rajepur O.P. (Sahebganj) Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyesh Kumar, Advocate For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sahebganj P.S. Case No. 310 of 2024 instituted for the offence under Sections 411, 413 & 414 of the Indian Penal Code. 3.

Prosecution case in short is that the police has recovered one stolen bullet motorcycle from the tent house of the petitioner.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29-06-2024. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.70237 of 2024(2) dt.27-09-2024 2/2 counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the disclosure made by apprehended coaccused person, namely, Ram Pravesh Bhagat. It is alleged that motorcycle in question was purchased from the petitioner herein. Nothing has been recovered from the possession of the petitioner. Charge sheet has been submitted in this case. Other co-accused has been granted bail by this Court vide order dated 04-09-2024, passed in Cr. Misc. No. 61837 of 2024. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sahebganj P.S. Case No. 310 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T