Patna High Court/70965/2023bail rejected

Niraj Kumar @ Bhuto v. The State Of Bihar

2023-11-07Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70965 of 2023 Arising Out of PS. Case No.-169 Year-2023 Thana- HALSI District- Lakhisarai ====================================================== Niraj Kumar @ Bhuto S/O Dilip Kumar Village- Bannu Bagicha, Ps. Bannu Bagicha, Dist. Lakhisarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Halsi (Ramgarh Chowk) P.S. Case No. 169 of 2023 lodged under Sections 379 of the I.P.C. later on Section 411 of I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against unknown accused persons who has committed theft of motorcycle named in the F.I.R..

4. Learned counsel for the petitioner submits that the recovery of the said motorcycle has been shown from the house of the petitioner. He submits that the petitioner is innocent and has committed no offence and the recovery has been made, but no T.I.P. has been made.

5. Counsel for the petitioner submits that petitioner is

Patna High Court CR. MISC. No.70965 of 2023(2) dt.07-11-2023 2/2 in custody is since 18.07.2023 and there is one criminal case pending against the petitioner in which he is on bail.

6. Counsel further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him. He submits that the present case is magisterial triable in nature.

7. Learned counsel for the State opposes the prayer for bail and submits that it is true that case has been lodged against unknown person, but it is also true that the theft motorcycle has been recovered from the house of the petitioner.

8. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

9. However, trial court is directed to released the petitioner on bail after framing of charge.

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