Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71143 of 2023 Arising Out of PS. Case No.-325 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== Rahul Kumar S/O Binda Singh @ Vinda Singh R/O Village- Chikanauta, P.SSugauli, Distt.- East Champaran At Motihari. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 413, 414 of the Indian Penal Code.

As per allegation in the FIR, one stolen motorcycle is alleged to have been recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is further submitted that petitioner has no concern with the alleged offence. He was

Patna High Court CR. MISC. No.71143 of 2023(3) dt.02-01-2024 2/2 merely standing near the alleged bile as a mute spectator. There is no independent witness of the alleged seizure. Moreover, petitioner is languishing in judicial custody since 19.05.2023. This case is triable by Judicial Magistrate. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Harsidhi P.S. Case No. 325 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge XI, East Champaran, Motihari.

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