Rajesh Prajapati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61904 of 2022 Arising Out of PS. Case No.-17 Year-2022 Thana- SUHAIL District- Gaya ====================================================== RAJESH PRAJAPATI S/O SHATRUDHAN PRAJAPATI Resident of Village- Matha, P.S.- Dumariya, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.N. A. Shamsi For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2023 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 sections 414/34 of the Indian Penal Code.

As per the prosecution, the informant got secret information about business of wine thereafter, he along with other police officials reached at the place of occurrence. On seeing the police party, the petitioner was trying to flee but he was apprehended along with motorcycle. After interrogation, he could not produced any valid paper regarding the said motorcycle. Thereafter, the said motorcycle was seized by police.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.61904 of 2022(2) dt.20-02-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in the present case. The petitioner has no concern with the said motorcycle which was seized from the place of occurrence. It is further submitted vide para 7 of the petition that on good faith, he had taken the said motorcycle from co-accused in order to bring medicine from the market for his ailing father. It is further submitted that this case relates to trial by Magistrate. Moreover, the petitioner is languishing in judicial custody since 18.6.2022.

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

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 released on bail in connection with Sohail P.S. Case No. 17 of 2022 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., Sherghati, (Gaya). (Sunil Kumar Panwar, J) Amandeep/- U T