Patna High CourtCR. MISC./69051/2023allowed

Chintu Kumar v. The State Of Bihar

2024-01-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69051 of 2023 Arising Out of PS. Case No.-443 Year-2023 Thana- RAMPUR District- Gaya ====================================================== CHINTU KUMAR S/O MOHAN PRAJAPAT R/O VILLAGE- LODIPUR, P.S- PARAIYA, DISTT.- GAYA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-01-2024 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 Sections 414, 420, 467, 468 of the Indian Penal Code.

3. The allegation against the petitioner is that from his possession 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 was apprehended on spot. He submitted that the police falsely implicated the petitioner in this case with a view to extort money. The provision of Section 100 of the Cr.P.C. has not been followed in this, while preparing the seizure list. The trial of this case is triable by learned Judicial

Patna High Court CR. MISC. No.69051 of 2023(3) dt.03-01-2024 2/2 Magistrate. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 06.07.2023.

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 after framing of charge, if not framed. 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 A.C.J.M.-IV, Gaya in connection with Rampur P.S. Case No. 443 of 2023.

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