Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 66674 of 2022 Arising Out of PS. Case No.-47 Year-2022 Thana- AKILPUR District- Saran ====================================================== BHUSHAN KUMAR Son of Jatta Rai R/v- Manas Patti, P.S.- Akilpur, District- Saran (Chhapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar For the Opposite Party/s :

Mr. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-05-2023 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.

As per allegation in the FIR, while the police party are on patrolling duty, they saw a man on motorcycle was coming from Manas Bazar but on seeing the police party, he tried to flee away at reverse. On chase, he was apprehended and disclosed his name as of the petitioner. On query, he could not produce the valid paper in respect of the motorcycle and told that he has purchased the theft motorcycle in Rs. 4,000/-. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to

Patna High Court CR. MISC. No. 66674 of 2022(4) dt.10-05-2023 2/2 village rivalry with his co-villager Sagar Mahto. The present case has been filed only with a view to put pressure upon the petitioner and his mother either to withdraw or to compromise Akilpur P.S. Case No. 46 of 2022. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. This case is triable by judicial magistrate, 1st Class. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 26.08.2022. 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 Class, Saran, Chapra in connection with Akilpur P.S. Case No. 47 of 2022.

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