Patna High CourtCR. MISC./71828/2023allowed

Sumit Kumar v. The State Of Bihar

2023-11-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71828 of 2023 Arising Out of PS. Case No.-618 Year-2022 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Sumit Kumar Son Of Rambabu Prasad Resident Of Village - Goithaha, P.S. - Harsidhi, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 379 of the Indian Penal Code.

3. Prosecution case relates to recovery of one motorcycle from the possession of the petitioner which was stolen of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to highhandedness of police. It is further submitted that recovery has been shown from his possession only because the petitioner has several

Patna High Court CR. MISC. No.71828 of 2023(2) dt.07-11-2023 2/2 criminal antecedents. This case is triable by the court of learned Judicial Magistrate. Moreover, the petitioner is languishing in judicial custody since 30.08.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Town P.S. Case No. 618 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran at Motihari.

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