Patna High CourtCR. MISC./76100/2023allowed

Munif 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.76100 of 2023 Arising Out of PS. Case No.-332 Year-2023 Thana- MOTIHARI TOWN District- East Champaran ====================================================== MUNIF KUMAR S/O SIKANDAR RAI R/O VILLAGE- DIPAHI, P.SCHIRAIYA, DISTT.- EAST CHAMPARAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.Iii For the Opposite Party/s :

Mr.Murli Dhar ====================================================== 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 instituted for the offence under Sections 420, 465, 468, 471 and 414/34 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. Petitioner was apprehended on spot. On the basis of suspicion, the police took the signature of the petitioner in the blank paper and the same was converted into his self confessional statement. No incriminating article has

Patna High Court CR. MISC. No.76100 of 2023(2) dt.30-11-2023 2/2 been recovered from the conscious possession of the petitioner. He further 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 05.05.2023.

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. 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 C.J.M., Motihari, East Champaran in connection with Motihari Town P.S. Case No. 332 of 2023. (Sunil Kumar Panwar, J) Arish/- U T