Shrikesh Kumar @ Srikesh Kumar @ Chotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70411 of 2023 Arising Out of PS. Case No.-73 Year-2023 Thana- KHUDWA District- Aurangabad ====================================================== SHRIKESH KUMAR @ SRIKESH KUMAR @ CHOTU KUMAR SON OF SRI NAWAL KISHOR SHARMA R/O VILLAGE AND P.S.- KHUDWA, DISTRICT- AURANGABAD, BIHAR- 824124 ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pratyush Kumar For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== 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 instituted for the offence under Sections 401 and 414 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. He submitted that the petitioner is an innocent villager and worked in Production Department-GDC in YF Solutions, Plot No. 358, Ecotech III, Greater Noida in U.P. since 11.04.2023 and he has not involved in any criminal

Patna High Court CR. MISC. No.70411 of 2023(2) dt.07-11-2023 2/2 activities as alleged. Due to high handedness by the police, petitioner has been implicated in the present case. There is no any independent eye-witness of the search and seizure list. Further, it is submitted that the trial of this case is triable by learned Judicial Magistrate. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 24.07.2023.

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 Judicial Magistrate-1st Class, Daudnagar, Aurangabad in connection with Khudwa P.S. Case No. 73 of 2023. (Sunil Kumar Panwar, J) Arish/- U T