Patna High CourtCR. MISC./75857/2023allowed

Amit Kumar v. The State Of Bihar

2023-11-30Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75857 of 2023 Arising Out of PS. Case No.-741 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== Amit Kumar S/O Kamdev Chaudhary R/O Village- Kosma Tola Kenduadih, P.S- Dobhi, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 379, 411, 420 and 34 of the Indian Penal Code.

3. Prosecution case relates to recovery of stolen motorcycle from the house of co-accused Sravan Kumar. It is further alleged that this petitioner is involved in selling and purchasing of stolen motorcycle. Three accused persons including the petitioner were arrested on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The recovery of stolen motorcycle has been made from the house of other co-accused

Patna High Court CR. MISC. No.75857 of 2023(2) dt.30-11-2023 2/2 person not from the possession of this petitioner. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 7.11.2023 passed in Cr. Misc. No. 71780 of 2023. Moreover, petitioner has got no criminal antecedent and he petitioner is languishing in judicial custody since 11.07.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sherghati (Dhobhi) P.S. Case No. 741 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st Gaya.

(Sunil Kumar Panwar, J) sushma/- U