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Patna High CourtCR. MISC./77124/2023allowed

Hansh Kumar @ Darindar Ram v. The State Of Bihar

2023-12-05Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77124 of 2023 Arising Out of PS. Case No.-193 Year-2023 Thana- DULHIN BAZAR District- Patna ====================================================== Hansh Kumar @ Darindar Ram Son Of Ganesh Nat Resident Of Village - Lai, P.S. - Bihta, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 379, 414, 34 of the Indian Penal Code. It is a case of commission of recovery of stolen motorcycle and auto-rickshaw from the possession of apprehended accused persons.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.77124 of 2023(2) dt.05-12-2023 2/3 been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up on the confessional statement of co-accused Jitendra Kumar and Niraj Kumar. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the apprehended accused or seized vehicles. The petitioner is languishing in custody since 07.06.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Danapur, Patna in connection with Dulhin Bazar

Patna High Court CR. MISC. No.77124 of 2023(2) dt.05-12-2023 3/3 P.S. Case No. 193 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T