Udit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67410 of 2022 Arising Out of PS. Case No.-102 Year-2022 Thana- PARASI District- Jehanabad ====================================================== Udit Kumar Son of Rajendra Das Resident of Village- Khaira, P.S.- Dumariya, District- Gaya, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Parasi P.S. Case No. 102 of 2022 lodged under Sections 379 & 414 of the I.P.C.

As per the prosecution case, the informant is a police officer who has lodged F.I.R. on the allegation that for the purpose of search, the police party was moving, then it has been seen that 2 persons were coming on motorcycle. Upon stopping them, the driver of the vehicle has disclosed his name as Rahul Kumar and another person has disclosed his name as Shambhu Kumar. Upon demand of papers of the said motorcycle, accused

Patna High Court CR. MISC. No.67410 of 2022(2) dt.27-02-2023 2/3 failed to produce any document and told that this motorcycle belongs to him. On suspicion police has called both the persons to the police station and started searching the name of owner of the motorcycle as per mentioned vehicle number on it. Upon checking on Parivahan App, the details has not been shown. Upon scrutiny that whether the said Chassis No. belongs to the real person or not, it has been found that the said motorcycle was subject to theft, thereafter this case has been lodged. Learned counsel for the petitioner submits that antecedent of the petitioner is clean and he is in custody since 18.09.2022. Counsel further submits that the present F.I.R. has been lodged under Sections 379 & 414 of the I.P.C. Counsel further submits that both the Sections in which F.I.R. has been lodged are magisterial triable in nature.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Arwal in connection with Parasi P.S. Case No. 102 of 2022, subject to

Patna High Court CR. MISC. No.67410 of 2022(2) dt.27-02-2023 3/3 the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T