Pankaj Kumar @ Chhote Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65429 of 2023 Arising Out of PS. Case No.-239 Year-2022 Thana- NALANDA District- Nalanda ====================================================== PANKAJ KUMAR @ CHHOTE SINGH Son of Late Jageshwar Singh Resident of Mohalla - Begampur, P.S.- Nalanda, District - Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Shankar Pathak For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 414 of the Indian Penal Code.
3. The allegation against the petitioner is that from the outside the petitioner's house a stolen motorcycle has been recovered.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot. He submitted that from the perusal of the seizure list, it is clearly shows that the date of recovery has been mentioned in seizure list is 05.11.2022 but from F.I.R. it is clear that so called
Patna High Court CR. MISC. No.65429 of 2023(2) dt.13-10-2023 2/2 recovery was made on 24.09.2022, which indicates seizure list is doubtful. Petitioner has no concern with the seized stolen motorcycle. No incriminating article has been recovered from the conscious possession of the petitioner. On the basis of suspicion, he has been falsely implicated in the present case by the police. He is languishing in judicial custody since 20.07.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 C.J.M., Nalanda at Biharsharif in connection with Nalanda P.S. Case No. 239 of 2022. (Sunil Kumar Panwar, J) Arish/- U T