Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73322 of 2022 Arising Out of PS. Case No.-163 Year-2021 Thana- BALIYA District- Begusarai ====================================================== Bipin Kumar S/O Ram Ujagar Mahto R/V- Roun, P.S.- Allauli, DistrictKhagaria At Present - R/V- Pakri, P.S.- Birpur, District- Begusarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Nakul Kumar Jamuar For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-03-2023 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 414, 420, 467, 468, 471 of the Indian Penal Code.

The prosecution case in nutshell is that informant, being a police official, received a secret information that coaccused Ravi Kumar was driving a theft motorcycle by using illegal registration number and on search one motorcycle having Registration Number, BR-094-1730 was found from the shop of co-accused Ravi Kumar. It is further alleged that

Patna High Court CR. MISC. No.73322 of 2022(2) dt.20-03-2023 2/3 co-accused Ravi Kumar stated that he had purchased the said motorcycle from the petitioner and was delivered by petitioner along with co-accused Sonu Kumar.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Nothing incriminating has been recovered from the possession of the petitioner rather the motorcycle in question has been recovered from the shop of co-accused Ravi Kumar, who has already been granted bail by learned Trial Court. There is no any material evidence to corroborated with the statement of the co-accused that he has purchased the said motorcycle from the petitioner. Moreover, the petitioner is languishing in judicial custody since 02.03.2022.

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 and period of custody of the petitioner, this Court is inclined to enlarge the petitioner on bail. The above named

Patna High Court CR. MISC. No.73322 of 2022(2) dt.20-03-2023 3/3 petitioner is directed to be enlarged on bail in connection with Ballia P.S. Case No. 163 of 2021 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 Judicial Magistrate, 1st Class, Begusarai. (Sunil Kumar Panwar, J) Amandeep/- U T