Patna High CourtCR. MISC./72474/2024bail granted

Chhotu Kumar v. The State Of Bihar

2024-10-21Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72474 of 2024 Arising Out of PS. Case No.-185 Year-2024 Thana- RAGHOPUR District- Vaishali ====================================================== Chhotu Kumar S/O- Parsuram Ray Village- Sukumarpur Jafrabad Tok PsRustampur, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisu Zzoha, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Raghopur P.S. Case No. 185 of 2024, instituted for the offences punishable under Sections 317(4) and 317(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, the petitioner was apprehended by the police with a stolen motorcycle and on demand of valid documents, the petitioner failed to produce the same.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No

Patna High Court CR. MISC. No.72474 of 2024(2) dt.21-10-2024 2/2 incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that the petitioner did not know that the alleged motorcycle was a stolen one and he took the same from his friend for some urgent work. The petitioner is in custody since 04.07.2024 and has got two criminal antecedents in which he is on bail in one case.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Raghopur P.S. Case No. 185 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T