Patna High CourtCR. MISC./78094/2023allowed

Kangresh Kumar v. The State Of Bihar

2023-12-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78094 of 2023 Arising Out of PS. Case No.-299 Year-2023 Thana- AMAS District- Gaya ====================================================== KANGRESH KUMAR SON OF ARVIND PASWAN R/O VILLAGERAKSA, P.S.- GURUA, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 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 section 414 of the Indian Penal Code.

3. As per prosecution case, the petitioner along with others were apprehended by police with a stolen motorcycle bearing registration no. BR02Z-3494.

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. Nothing has been recovered from consicous possession of the petitioner rather the said motorcycle was being driven by co-accused Abhinash Kumar at the time of their arrest. The petitioner has got no criminal

Patna High Court CR. MISC. No.78094 of 2023(2) dt.06-12-2023 2/2 antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 15.8.2023.

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 him on bail. The above named petitioner is directed to be released on bail after framing of charge, if not framed, in connection with Amas P.S. Case No. 299 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 J.M. 1st Class, Sherghati, Gaya.

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