Adityanath @ Ajeet Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63310 of 2022 Arising Out of PS. Case No.-206 Year-2022 Thana- BARGAINIA District- Sitamarhi ====================================================== ADITYANATH @ AJEET GIRI Son of Baidhnath Giri Resident of VillageDumaravana, Ward No.-19, P.S.- Bairgania, District- Sitamarhi-843313 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subodh Kumar For the Opposite Party/s :
Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-04-2023 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 414/34 of the Indian Penal Code.
As per allegation in the FIR, on chase police apprehended the petitioner and made recovery of a motorcycle, which was being driven by him. On being asked by the police, petitioner could not produce any supportive document regarding motorcycle.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. This case is triable by the judicial magistrate. The alleged recovery is not an actual recovery rather the same is planted one by the
Patna High Court CR. MISC. No.63310 of 2022(4) dt.27-04-2023 2/2 police. Police took petitioner's signature on plain paper and the same was later on manufactured as confessional statement. Petitioner is languishing in judicial custody since 16.07.2022. The application for bail is opposed by learned APP for the State and submitted that stolen motorcycle has been recovered from the possession of the petitioner. 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 CJM, Sitamarhi in connection with Bairgania P.S. Case No. 206 of 2022.
(Sunil Kumar Panwar, J) sushma/- U