Prem Kumar @ Nandlal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1250 of 2022 Arising Out of PS. Case No.-298 Year-2017 Thana- RAMPUR District- Gaya ====================================================== PREM KUMAR @ NANDLAL Son of Raghunandan Yadav Resident of Village- Patluka, P.S.- Barachhatti, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No. 2, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-05-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 413, 414 and 34 of the Indian Penal Code.

As per the prosecution case, the accused persons named in the FIR were caught with the stolen motorcycle. It is stated that on inquiry they stated that they supplied the stolen motorcycles to the petitioner for sale.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case at the instance of a co-accused. Contrary to the allegation no incriminating article has been recovered from the petitioner's possession but has been recovered from a lodge. The petitioner is in custody since 3.9.2021 and has no criminal antecedent. It is

Patna High Court CR. MISC. No.1250 of 2022(2) dt.10-05-2022 2/2 further submitted that a supplementary affidavit has been filed in the case sworn by the brother of the petitioner stating about the marriage in the family of the petitioner scheduled to take place on 15.12.2022.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation, the petitioner having remained in custody for 8 months, not having any criminal antecedent and charge sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Rampur P.S. Case no. 298 of 2017 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Gaya.

(Partha Sarthy, J) Prakash/- U