Patna High CourtCR. MISC./76104/2023allowed

Niraj 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.76104 of 2023 Arising Out of PS. Case No.-193 Year-2023 Thana- DULHIN BAZAR District- Patna ====================================================== NIRAJ KUMAR SON OF NARAYAN YADAV RESIDENT OF VILLAGEBHARATPURA, PS- DULHIN BAZAR, DIST- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Nurul Hoda For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== 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 379, 414/34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is that from their possession a stolen motorcycle and mobiles have 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. He submitted that the entire allegations against the petitioner are baseless, fabricated and concocted in this case under mysterious manner due to extraneous considerations. The petitioner is very

Patna High Court CR. MISC. No.76104 of 2023(2) dt.30-11-2023 2/2 rustic and poor villager and he cannot even think to commit such a crime. There is no any concrete evidence against the petitioner in this case. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 07.06.2023.

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 A.C.J.M., Danapur, Patna in connection with Dulhin Bazar P.S. Case No. 193 of 2023. (Sunil Kumar Panwar, J) Arish/- U T